Contract Glossary
Laches
Definition
An equitable defense that bars a claim because the plaintiff waited too long to assert their rights, and the delay unfairly prejudiced the other party. Unlike a statute of limitations (which is a fixed deadline), laches is about fairness — did your delay cause harm?
In Practice
If you know someone is infringing your trademark but wait five years to sue — during which time they invest millions in building their brand — a court may apply laches and throw out your claim. The logic: you sat on your rights while the other party relied on your silence. Even if you're within the statute of limitations, laches can still bar your case.
Common in these contract types
Related terms
Frequently asked questions about laches
The statute of limitations is a hard deadline set by law — miss it and your claim is time-barred, period. Laches is a flexible equitable defense based on unfairness. You could be within the statute of limitations but still lose to a laches defense if your delay caused prejudice. Laches typically applies in equity cases (injunctions, specific performance); statutes of limitations apply to legal claims (damages).
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Create your contractThis content is for informational purposes only and does not constitute legal advice. For contracts with significant financial or legal implications, review by a qualified attorney is recommended.