Delay defeats equity

Delay defeats equity

Introduction:

Equity always helps those who are active towards their rights. Equity aids the vigilant and not the indolent, if one sleeps on his right his right will slip away from him. If someone has any right, he must come to Court for remedy within stipulated time period as laid down in law.

Latin maxim:

“Vigilentibus non dormientibus jura subveniunt”

Meaning:

It means equity aids the vigilant not the indolent.

Case Law:

Leaf vs. International Galleries 1950.

The plaintiff sold out a painting which both the parties mistakenly believed that painting was original, however the painting was fake but the court did not award equitable remedy of rescission because there had been delay of 5 years between the contract and discovery of truth about painting.

Doctrine of Laches:

Delay which is sufficient to prevent a party from obtaining an equitable relief is called laches. A plaintiff who is guilty of laches or unreasonable delay is not entitled to equitable relief.

Illustration:

The plaintiff allowed his land to be occupied by the defendant and that was acquiesced by him even beyond the period of limitation. On a suit for the possession of the land it was decided that as the period of limitation to recover possession had expired, no relief could be granted.

Application of maxim:

This maxim applies only when a claim is made to equitable relief.

When delay is fatal:

In following cases delay is fatal:

(i)                  Loss of evidence: When available evidence is lost or destroyed.

(ii)                Waiver of right: When one has waived his right then delay is fatal.

Limitations:

Following are limitations to this maxim:

(i)                  When the law of limitation expressly applies.

(ii)                Where it is applied by analogy.

(iii)               Where the law of limitation does not apply but the cases are governed by ordinary rules of laches.