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Template:Liability ladder: Difference between revisions
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This is less so for the criminal law and relations between unacquainted neighbours, where we impute certain standards of ''care''. | This is less so for the criminal law and relations between unacquainted neighbours, where we impute certain standards of ''care''. | ||
Where the '''[[Inadvertence|inadvertent]]''' is blameless, neither knowing the risk she runs, nor being reasonably expected to be able to anticipate it; and the '''[[Negligence|negligent]]''' has some civil, civic responsibility for what befalls his [[neighbour]] on the premise that, since that odious hypothetical fellow plucked from the pews of the sacred [[Man on the Clapham Omnibus|Clapham omnibus]] would have seen it, so should he, even though in point of fact he did not; the '''[[gross negligence|grossly negligent]]''' is a poor, confused, careless American; the '''[[reckless]]''' sees the risk | Where the '''[[Inadvertence|inadvertent]]''' is blameless, neither knowing the risk she runs, nor being reasonably expected to be able to anticipate it; and the '''[[Negligence|negligent]]''' has some civil, civic responsibility for what befalls his [[neighbour]] on the premise that, since that odious hypothetical fellow plucked from the pews of the sacred [[Man on the Clapham Omnibus|Clapham omnibus]] would have seen it, so should he, even though in point of fact he did not; the '''[[gross negligence|grossly negligent]]''' is a poor, confused, careless American; the '''[[reckless]]''' sees the risk all right, and decides to plough on and take it, notwithstanding that she might have no particular wish or expectation that a calumny should befall ''anyone'', least of all the [[plaintiff]]. | ||
The '''[[Intention|intender]]''', in contrast to all those above, does what he does as a matter of cold-blooded, contemptuous [[Calculated|calculation]].<ref>This use of the word “calculation” might upset some tort lawyers, for in legal terms to be “[[calculated]]” means expected to happen as a matter of probability, rather than mendacious design. Odd, really.</ref> | The '''[[Intention|intender]]''', in contrast to all those above, does what he does as a matter of cold-blooded, contemptuous [[Calculated|calculation]].<ref>This use of the word “calculation” might upset some tort lawyers, for in legal terms to be “[[calculated]]” means expected to happen as a matter of probability, rather than mendacious design. Odd, really.</ref> | ||