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Contractual negligence: Difference between revisions
→{{tag|Wilful Default}}
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''Nul points'' for remembering to exclude [[fraud]], therefore. | ''Nul points'' for remembering to exclude [[fraud]], therefore. | ||
==={{tag|Wilful | ==={{tag|Wilful default}}=== | ||
A heartily-bandied phrase which sounds like it ought to mean something. This fellow's best guess is something like a "deliberate refusal to perform one's obligations under a contract": not too far removed from fraud (it raises a presumption of fraudulence on the part of the actor in agreeing to the obligation in the first place) but in any weather a ''subset'' of the class of events "breaches of contract". Now breaches of contract, under the law of contract, entitle an wronged party to redress. That's what it means to be a breach. So it ought not cause your heart to leap to have your counterparty offering to be responsible for flagrant examples of this behaviour. This is hardly a mark of generosity. Indeed; you might wonder why ''less'' wilful "defaults" aren't captured, too - being, as they are, ''defaults''. | A heartily-bandied phrase which sounds like it ought to mean something. This fellow's best guess is something like a "deliberate refusal to perform one's obligations under a contract": not too far removed from fraud (it raises a presumption of fraudulence on the part of the actor in agreeing to the obligation in the first place) but in any weather a ''subset'' of the class of events "breaches of contract". Now breaches of contract, under the law of contract, entitle an wronged party to redress. That's what it means to be a breach. So it ought not cause your heart to leap to have your counterparty offering to be responsible for flagrant examples of this behaviour. This is hardly a mark of generosity. Indeed; you might wonder why ''less'' wilful "defaults" aren't captured, too - being, as they are, ''defaults''. | ||