From The Jolly Contrarian
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| {{g}}In the law of [[tort]], to be aware of a risk, and to run it nonetheless. Of the intentional states, one of the more culpable. Unlike its weedier bedfellows [[negligence]] and [[gross negligence]], not commonly incorporated, even by analogy, into a [[contract]]ual framework.
| | #redirect[[degrees of liability]] |
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| 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, on the premise that since a 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 [[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 intender, on the other hand, 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>
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| ===In brief===
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| {{Liability ladder}}
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Latest revision as of 19:14, 27 October 2020