Section 30 Laches
| Library | Remedies 2006 |
Laches is a defense to equitable claims, and it is available against a claim for rescission. Homan Farms v. Carleton, 877 S.W.2d 638, 642 (Mo. App. W.D. 1994). A court may deny the remedy of rescission if a person has unreasonably delayed in bringing their claim or if the delay has caused material prejudice to the other party. Id. These two factors require examination of the reasons for any delay and the effect of the delay on the other party. In Curotto v. Hammack, 241 S.W.2d 897, 900 (Mo. 1951), the...
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