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Template:M intro contract gross negligence: Difference between revisions
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“[[Gross negligence|Even]] a serious lapse is not likely to be enough to engage the concept of [[gross negligence]]. One is moving beyond bad mistakes to mistakes which have a very serious and often a shocking or startling (cf. “jawdropping”) quality to them.” | “[[Gross negligence|Even]] a serious lapse is not likely to be enough to engage the concept of [[gross negligence]]. One is moving beyond bad mistakes to mistakes which have a very serious and often a shocking or startling (cf. “jawdropping”) quality to them.” | ||
:—{{casenote|Federal Republic of Nigeria|JP Morgan Chase Bank}}}}''For a long essay on the related question “why would one ''use'' negligence in a [[contract]] at all?” see the article about “[[contractual negligence]]”. For a short answer to that question try this: Unless one has an [[indemnity]], '''one shouldn’t'''.'' | :—{{casenote|Federal Republic of Nigeria|JP Morgan Chase Bank}}}}''For a long essay on the related question “why would one ''use'' negligence in a [[contract]] at all?” see the article about “[[contractual negligence]]”. For a short answer to that question try this: Unless one has an [[indemnity]], '''one shouldn’t'''.'' | ||
====What ''is'' gross negligence?==== | ====What ''is'' gross negligence?==== | ||
Is there anything to be gained, under an English law contract, from restricting your liability to losses occasioned by '''''gross''''', as opposed to ''ordinary'', casual, everyday, run-of-the-mill [[negligence]]? | Is there anything to be gained, under an English law contract, from restricting your liability to losses occasioned by '''''gross''''', as opposed to ''ordinary'', casual, everyday, run-of-the-mill [[negligence]]? | ||
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====New York law==== | ====New York law==== | ||
This outcome might be different in the [[US attorney|American]] courts. [[Gross negligence]] ''is'' a thing across the ditch, and it is apparently sheeted directly the ''wantonness of the error'', rather than (as seems to be the case in English law) the ''outcome'' of the carelessness. It requires something more like ''recklessness'' than simple carelessness. | This outcome might be different in the [[US attorney|American]] courts. [[Gross negligence]] ''is'' a thing across the ditch, and it is apparently sheeted directly the ''wantonness of the error'', rather than (as seems to be the case in English law) the ''outcome'' of the carelessness. It requires something more like ''recklessness'' than simple carelessness. | ||
{{liability ladder}} | |||