Out of Date Cheques

[enaid]

Re: Out of Date Cheques

You may check cause I also read (or dreamt) that Insurance Claims are 7 years before being SB.

[leclerc]

Re: Out of Date Cheques

You may check cause I also read (or dreamt) that Insurance Claims are 7 years before being SB.

Enaid, would that be for claiming from the insurer because the claim was approved and payment provided but the cheque was not cashed?

[enaid]

Re: Out of Date Cheques

Enaid, would that be for claiming from the insurer because the claim was approved and payment provided but the cheque was not cashed?

I don't know lol I just read that snippet somewhere thats all, just tryin me best :beagle:

[Guest]

Re: Out of Date Cheques

Your son is out of time. The legal doctrine of laches will apply here. This is based on the maxim that equity aids the vigilant and not those who procrastinate. This is sometimes referred to as sleeping on your rights. Laches is equitable rather than statutory, notwithstanding that the Limitation Act would prevent a successful claim at this late stage in any case.

When a party has been guilty of laches in enforcing his right by great delay and lapse of time, this circumstance will at common law prejudice and sometimes operate in bar of a remedy which is discretionary for the court to afford. There are exceptional circumstances when laches may be excused for example where a party labours under a legal disability that may have prevented those rights being asserted, but this is not the case for your son.

In Latin; vigilantibus non dormientibus æquitas subvenit, or equity aids the vigilant, not the sleeping ones and in more modern parlance; you snooze, you lose.

[enaid]

Re: Out of Date Cheques

vigilantibus non dormientibus æquitas subvenit[/I], or equity aids the vigilant, not the sleeping ones and in more modern parlance; you snooze, you lose.

Well even I understood the last 4 words of that post, thanks.

[Turboman]

Re: Out of Date Cheques

Your son is out of time. The legal doctrine of laches will apply here. This is based on the maxim that equity aids the vigilant and not those who procrastinate. This is sometimes referred to as sleeping on your rights. Laches is equitable rather than statutory, notwithstanding that the Limitation Act would prevent a successful claim at this late stage in any case.

When a party has been guilty of laches in enforcing his right by great delay and lapse of time, this circumstance will at common law prejudice and sometimes operate in bar of a remedy which is discretionary for the court to afford. There are exceptional circumstances when laches may be excused for example where a party labours under a legal disability that may have prevented those rights being asserted, but this is not the case for your son.

In Latin; vigilantibus non dormientibus æquitas subvenit, or equity aids the vigilant, not the sleeping ones and in more modern parlance; you snooze, you lose.

Bloody hell Cet --- you're good with words - -- even the oratory of Bill-k don't use them I can see that you are just the one to write the "tearjerk hardship letter" for me to send to Halifax MD!!

[Caspar]

Re: Out of Date Cheques

Laches is an old French word meaning slackness or negligence if anyone wants the etymology.



The pivotal case on the doctrine of laches is an 1874 British case, Lindsay Petroleum Co. in which the Court stated:

"(T)he doctrine of laches in Courts of Equity is not an arbitrary or a technical doctrine. Where it would be practically unjust to give a remedy, either because the party has, by his conduct, done that which might fairly be regarded as equivalent to a waiver of it, or where by his conduct and neglect he has, though perhaps not waiving that remedy, yet put the other party in a situation in which it would not be reasonable to place him if the remedy were afterwards to be asserted, in either of these cases, lapse of time and delay are most material.

"But in every case, if an argument against relief, which otherwise would be just, is founded upon mere delay, that delay of course not amounting to a bar by any statute of limitations, the validity of that defence must be tried upon principles substantially equitable.

"Two circumstances, always important in such cases, are, the length of the delay and the nature of the acts done during the interval, which might affect either party and cause a balance of justice or injustice in taking the one course or the other, so far as relates to the remedy."

All mixed in with Estoppel as well!