Carson, a fruit wholesaler, delivered bananas to Phil's Fruit Market. A sizeable portion of the truckload was of questionable quality, but no one at Phil's Fruit Market had objected to delivery. After a falling out over another contract a year later, Phil's Fruit Market sued Carson over the banana shipment. Of the following, Carson's best defence would be:

A) merger.
B) waiver.
C) laches.
D) novation.
E) extinguishment.

Question

Elizabeth Timmins · Accepted Answer

Final Answer : C, Explanation :  Laches is a defense that argues the plaintiff waited too long to bring the lawsuit, causing it to be unfair to the defendant. Since Phil's Fruit Market waited a year to sue over the banana shipment, Carson could argue that Phil's delay has prejudiced his ability to defend against the lawsuit.

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