Template:Liability ladder: Difference between revisions

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! Criminal standard !! Civil standard !! Description  
! Criminal standard !! Civil standard !! Description  
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| '''[[Blameless inadvertence]]''' || Blameless inadvertence || Neither intended, wanted, foresaw, nor can reasonably have been expected to foresee the calamity that in fact came about.  
| '''[[Blameless inadvertence]]''' || '''[[Blameless inadvertence]]''' || Neither intended, wanted, foresaw, nor can reasonably have been expected to foresee the calamity that in fact came about.  
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| '''[[Negligence]]'''||Negligence ||A reasonable person in that position would have foreseen the incipient calamity which would come about by following this course of action, but our hero, in actual fact, did not. Ergo, an unreasonable person.
| '''[[Negligence]]'''||'''[[Negligence]]''' ||A reasonable person in that position would have foreseen the incipient calamity which would come about by following this course of action, but our hero, in actual fact, did not. Ergo, an unreasonable person.
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| — || Gross negligence|| Even a faintly moronic person in that position would have foreseen the incipient calamity which would come about by following this course of action but our hero in actual fact did not. Ergo, a stridently moronic person.
| — || '''[[Gross negligence]]'''|| Even a faintly moronic person in that position would have foreseen the incipient calamity which would come about by following this course of action but our hero in actual fact did not. Ergo, a stridently moronic person.
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| — || '''[[Wilful default]]''' || Somewhere between negligence and recklessness maybe? Or is it intention? who knows.{{aligntop}}
| — || '''[[Wilful default]]''' || Somewhere between negligence and recklessness maybe? Or is it intention? who knows.{{aligntop}}
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| '''[[Intention]]'''|| — || Not only foresaw the calamity but acted fully intending it to come about.
| '''[[Intention]]'''|| — || Not only foresaw the calamity but acted fully intending it to come about.
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===In brief===
*'''[[Inadvertence]]''': To be unaware of a risk which one could not reasonably have been expected to be anticipate.
*'''[[Negligence]]''': To be unaware of a risk which a reasonable person on one’s position ought to have anticipated.
*'''[[Gross negligence]]''': A meaningless concept that excites [[US attorney]]s but irritates English ones.
*'''[[Reckless]]''': To be aware of a risk, and to take it anyway, even though you don’t necessarily want the risk to come about.
*'''[[Intention]]''': To be aware of a risk, and to run it with the intention that it comes about.

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