What is the term for?

[REBroker]

What is the name of your state? Michigan

What is the name of the term when a party is aware of another party committing what they interpret as an illegal or actionable act, but yet does nothing. Party one waits until party two has in fact completed the actionable act, and then after several weeks, brings an action.

I've heard it called "sitting on one's hands" and I understand it negates their ability to be victorious in an action.

What is the actual legal term for that?

Thanks

[quincy]

Are you thinking of the word "accessory"? An accessory has knowledge that a crime is being, or will be, committed, but fails to report it, thereby aiding the criminal in the commission of a criminal act by this inaction.

[REBroker]

I found the answer I was looking for today.

It's called the Doctrine of Laches.

Thanks anyway.

[quincy]

The Doctrine of Laches would not cover an "illegal" act.

Laches is an unreasonable delay in asserting a claim or pursuing a right so that it prejudices the other party against whom relief is sought, and it is almost always an equitable claim or right. Laches may be excused if the other party is ignorant of his rights, or if the transaction is obscure, or during the pendancy of a suit, or if the other party has some sort of legal disability that prevents them from acting in time (insanity, for instance).

If you are "sitting on your hands" while an illegal act is being completed, however, that makes you an accessory to the illegal act.

[fairisfair]

is he/she thinking perhaps of estoppel by laches??

[quincy]

Possibly.

I don't think laches covers the one party being aware of an "illegal or actionable act", however.....but I could be wrong. I do seem to be wrong on occasion.

[fairisfair]

Originally Posted by quincy

Possibly.

I don't think laches covers the one party being aware of an "illegal or actionable act", however.....but I could be wrong. I do seem to be wrong on occasion.

shhhhhh. . . . so have I. and that lousy BA is off sleeping somewhere. LOL

I was thinking more of the effect of negating the lawsuit due to intentional delay

[JustAPal00]

I'd call them a "Witness"!

[BoredAtty]

Originally Posted by quincy

Are you thinking of the word "accessory"? An accessory has knowledge that a crime is being, or will be, committed, but fails to report it, thereby aiding the criminal in the commission of a criminal act by this inaction.

Somebody who knows that a crime is being committed, but fails to report it, is not an accessory.

Generally, an accessory is one who receives, relieves, comforts, or assists another, knowing that he has committed a felony, in order to help the felon escape arrest, trial, or conviction.

Standing by doing nothing does not meet that definition.

[quincy]

Hmmm. I thought if you knew a crime was going to be committed, or had been committed, and you did nothing, you could be charged as an accessory??? Not true, huh?

Well, BA, how about the Doctrine of Laches? REBroker asked what it would be called if someone knew someone else was going to commit "an illegal or actionable act". That can't be laches, can it? Being aware of an illegal act?

Also, just for argument's sake, in your definition of accessory you said an accessory would be one who "comforts..." I would think it would be a comfort to know that someone knew you did something illegal and didn't say anything. At any rate, I already posted my disclaimer above saying that I have been wrong in the past, so if I am wrong, I believe I am covered, right?

[fairisfair]

Originally Posted by quincy

Hmmm. I thought if you knew a crime was going to be committed, or had been committed, and you did nothing, you could be charged as an accessory??? Not true, huh?

Well, BA, how about the Doctrine of Laches? REBroker asked what it would be called if someone knew someone else was going to commit "an illegal or actionable act". That can't be laches, can it? Being aware of an illegal act?

Also, just for argument's sake, in your definition of accessory you said an accessory would be one who "comforts..." I would think it would be a comfort to know that someone knew you did something illegal and didn't say anything. At any rate, I already posted my disclaimer above saying that I have been wrong in the past, so if I am wrong, I believe I am covered, right?

I think what BA is saying by comfort is any manner of assistance. For example if I know that you stole something, I am not necessarily an accessory. If I give you a ride out of the parking lot with it, or suggest to you that down your britches is not necessarily the best place to hide an ice cream sandwich, then I am an accessory.

I am still of the opinion that by Illegal act, the poster is referring to knowing an actionable occurence has occured, but waiting for some personal reason to file suit at a later date. Not necessarily being a witness to a crime and not reporting it. But that is just how I read it.

By the way BA, I, of course, meant "lousy" in the most affectionate way. ;0)

[quincy]

fairisfair - Sure wish you had been around last time I swiped an ice cream sandwich.

Yes, I probably read the whole thing wrong.

[fairisfair]

Originally Posted by quincy

fairisfair - Sure wish you had been around last time I swiped an ice cream sandwich.

Yes, I probably read the whole thing wrong.

me too. . . . I loooooooove ice cream sandwiches. ;0)