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Gross negligence: Difference between revisions
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{{a|glossary|}}''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|glossary|}}''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=== | ===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”. | 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”. | ||
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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. | 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=== | ===English law=== | ||
====Gross versus ordinary negligence==== | ====Gross versus 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?==== | ||
What case law there is suggests that, since both terms do get used in English law contracts, there must be some distinction. From the declarers of the common law, this is quite a piece of tail wagging dog work. | What case law there is suggests that, since both terms do get used in English law contracts, there must be some distinction. From the declarers of the common law, this is quite a piece of tail wagging dog work. | ||