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Gross negligence: Difference between revisions
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''Gross'' negligence, therefore, exists only in the transplanted soil of contract: a place with no need for inferred duties of care ''at all''. SO we are already in a fairly weird place, which is why so many legal eagles are confused about it. | ''Gross'' negligence, therefore, exists only in the transplanted soil of contract: a place with no need for inferred duties of care ''at all''. SO we are already in a fairly weird place, which is why so many legal eagles are confused about it. | ||
''For an 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'''.'' | ''For an 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'''.'' | ||
For a short one, try this: | For a short one, try this: | ||
===Why gross negligence commits a category error=== | |||
In broad terms, common law liability arises between two parties when one breaches its express or implied duties to the other. | In broad terms, common law liability arises between two parties when one breaches its express or implied duties to the other. | ||