Consumer Law, Warranties Reasonable time?

[Bir_]

Dear,

I'm a Belgian attorney and I would appreciate to receive some information with respect to the following:

Our client (a Belgian company) has signed a contract with a Canadian company. The laws of New York are applicable to the agreement. However, we have no experience with these laws...

Today, a dispute arose between the parties, but the facts related to this dispute occured in 2002: 3 years ago! None of the parties reacted in that period. According to the Belgian law, a party is obliged to respond "within a reasonable period of time". Is this principle also known under the laws of New York?

Thank you very much for your reply.

Best regards,

Birgitte

 

[NYClex]

You are probably looking for the defense of "laches" as it is pretty well explained in this case:

THE GREEK ORTHODOX PATRIARCHATE OF JERUSALEM, Plaintiff, -against- CHRISTIE'S, INC., ANNE GUERSAN, and JOHN/JANE DOE, Defendants.

98 Civ. 7664(KMW)

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK

1999 U.S. Dist. LEXIS 13257

Laches has two elements:

Generally, the principle of laches is applied where it is clear:

1) that a plaintiff unreasonably delayed in initiating an action and
2) a defendant was unfairly prejudiced by the delay."


In contract law there are many provisions that contain the demand for "reasonable time". One would then need to consult case law to find out how courts have interpreted what is reasonable.

 

[Bir_]

Laches

Thank you very much for your quick and helpful reply!