Issue: Under North Dakota law, what is the doctrine of laches?
| Area of Law: | Litigation & Procedure |
| Keywords: | Doctrine of laches; Neglect for an unreasonable length of time; Delay |
| Jurisdiction: | North Dakota |
| Cited Cases: | 540 N.W.2d 605; 73 N.W.2d 436 |
| Cited Statutes: | None |
| Date: | 07/01/2001 |
Laches is “neglect for an unreasonable and unexplained length of time, under circumstances permitting diligence, to what in law should have been done.” Frandson v. Casey, 73 N.W.2d 436, 446 (N.D. 1955). The North Dakota Supreme Court recently summarized the doctrine of laches.
It is well settled that laches does not arise from a delay or lapse of time alone, but is a delay in enforcing one’s rights which works a disadvantage to another. Prejudice is an essential element of a claim of laches. In addition to the time element, the party invoking laches must have in good faith permitted its position to become so changed during the delay that it could not be restored to the status quo.
Schmidt v. Schmidt, 540 N.W.2d 605, 608 (N.D. 1995) (granting summary judgment to estate’s personal representative who sought to cancel a contract for deed between testator and her son).
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