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Gross negligence: Difference between revisions
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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. | ||
Express duties are | Express duties are what it promised to do (whether [[Wilful default|wilful]], [[Inadvertence|inadvertent]] or something in between) doesn’t matter. ''Did you do what you agreed to do, or didn’t you?'' | ||
''Did you do what you agreed to do, or didn’t you?'' | |||
There is a world of nuance in ''framing'' those duties — see below — but once framed, the question is binary. | There is a world of nuance in ''framing'' those duties — see below — but once framed, the question is binary. | ||