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Gross negligence: Difference between revisions
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''For an essay on the related question “why would one ''use'' negligence in a legal 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 legal 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'''.'' | ||
===A spiritually bankrupt concept=== | |||
When negotiating to save the adjective “gross”, the best available tack — and it’s not that good, really — is to say “look, if we muck up we’re hardly going to stand on ceremony, are we? So don’t worry about the legal docs”. | |||
This is not an 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 begs the question: why bother to insist on “gross” negligence in the first place? | |||
After all, if you’re negligent, you’re negligent. It is hard to maintain your dignity against the complaint of an innocent, irate and out-of-pocket client by saying you’ve only been a ''bit'' negligent. | |||
===English law=== | |||
====Gross versus ordinary negligence==== | ====Gross versus ordinary negligence==== | ||
Is there anything to be gained, under an English law contract from restricting your liability to losses occasioned by your '''''gross''''' {{tag|negligence}} — as opposed to your ''ordinary'' [[negligence]]? | Is there anything to be gained, under an English law contract from restricting your liability to losses occasioned by your '''''gross''''' {{tag|negligence}} — as opposed to your ''ordinary'' [[negligence]]? | ||
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:''“Certainly the last time this issue came before the Court of Appeal they decided that the debate about its meaning was a “somewhat sterile and semantic one.”'' <small>([http://www.linklaters.com/Publications/Publication1403Newsletter/TMT_Newsletter_March_2011/Pages/08_UK_When_Does_Negligence_Become_Gross_Negligence.aspx Linklaters publication])</small> | :''“Certainly the last time this issue came before the Court of Appeal they decided that the debate about its meaning was a “somewhat sterile and semantic one.”'' <small>([http://www.linklaters.com/Publications/Publication1403Newsletter/TMT_Newsletter_March_2011/Pages/08_UK_When_Does_Negligence_Become_Gross_Negligence.aspx Linklaters publication])</small> | ||
====What ''is'' gross negligence?==== | ====What ''is'' gross negligence?==== | ||