Contractual negligence: Difference between revisions

But a contract is meant to stipulate what you are expected to do. For some obligations, a "reasonable standard of care" rider is not appropriate. The payment of money, for example.

{{Box|Bill borrows Ben's car. He agrees to return it to Ben on Thursday at 3pm. At the appointed time Bill presents himself to Ben, but announces that he has just been mugged, and the car has been stolen. His mugger was quite unexpected, applied overwhelming force, and immediately drove the car into a wall and wrote it off. Through no fault of his own, Bill is unable to perform his obligation. Should he be able to rely on a carve out from liability because he has not been negligent?}}