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Gross negligence: Difference between revisions
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When negotiating {{tag|documentation}} the tack one gets obliged to take is “look, if we muck up we’re not going to stand on ceremony here, so don’t worry about the legal docs” – which isn’t the most edifying position for a lawyer to take, implying as it does that you may as well not have a legal document at all. And it does beg the question why one is bothering to make an argument about this in the first place. After all if you’re negligent, you're negligent. It isn’t a great look to try to defend yourself the claims of against an innocent, irate and out-of-pocket client on the basis you’ve only been a ''bit'' negligent so shouldn't have to compensate. | When negotiating {{tag|documentation}} the tack one gets obliged to take is “look, if we muck up we’re not going to stand on ceremony here, so don’t worry about the legal docs” – which isn’t the most edifying position for a lawyer to take, implying as it does that you may as well not have a legal document at all. And it does beg the question why one is bothering to make an argument about this in the first place. After all if you’re negligent, you're negligent. It isn’t a great look to try to defend yourself the claims of against an innocent, irate and out-of-pocket client on the basis you’ve only been a ''bit'' negligent so shouldn't have to compensate. | ||
What case law there is suggest that, since both terms do get used in English law contracts, there must be some distinction - which from the declarers of the common law, is quite a piece of tail wagging dog work if you ask me. | |||
The important factors in distinguishing between plain negligence and gross negligence appear to be: | |||
*The seriousness of the error | |||
*The seriousness of the risk which results from the neligence. | |||
*Something more fundamental than a simply failure to exercise proper skill or care. | |||
*A serious indifference to an obvious risk. | |||
*Failing to comply with a duty of care by a significant margin. | |||
Note in particular the seriousness of the risk or loss which eventuates. Put it this way, if your negligence results in a £10,000,000 loss, it is going to be a curious court indeed which concludes this was a mere trifling matter, and the right outcome is for the innocent party to bear the loss. | |||
Wouldn't you say? | |||
====See also==== | ====See also==== | ||