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Gross negligence: Difference between revisions
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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. | ||
A good way of looking at this is to put it in the language of the laity. Take the time-worn [[indemnity]] for costs, framed in usual legal ''kapusta'': | A good way of looking at this is to put it in the language of the laity. Like many other commonplaces of the ''[[Rechtsadler|Rechtsadlerkanon]]'', legal drafting can dress outright daftitude in sombre vestments. Take the time-worn [[indemnity]] for costs, framed in usual legal ''kapusta'': | ||
{{quote|'' | {{quote|“''Customer hereby agrees to [[indemnify]] and keep indemnified Company on demand for all costs, beyond its ordinary costs of performance, that Company shall incur in the absence of aforesaid Company’s [[negligence, fraud or wilful misconduct]].''”}} | ||
It is easy enough to add some pepper to this cabbage: | It is easy enough to add some pepper to this cabbage: | ||
{{quote|'' | {{quote|“''Customer hereby agrees to [[indemnify]] and keep indemnified Company on demand for all costs, beyond its ordinary costs of performance, that Company shall incur in the absence of aforesaid Company’s '''gross''' [[negligence, fraud or wilful misconduct]].''”}} | ||
But render this same idea in the elegant prose | But render this same idea in the elegant prose you find aboard [[Man on the Clapham Omnibus|Clapham omnibus]]: | ||
{{quote|''You must [[reimburse]] us for extraordinary costs we | {{quote|“''You must [[reimburse]] us for any extraordinary costs we could not [[reasonably]] avoid when providing you our services.''”}} | ||
Now it is a bit harder to | Now it is a bit harder to “hide the weasel” if you’ll indulge the expression: not because the grammar is challenging, but because it sounds so preposterous when you do: | ||
{{quote|''You must [[reimburse]] us for extraordinary costs we | {{quote|“''You must [[reimburse]] us for any extraordinary costs we could not, '''without being [[reckless]],''' avoid when providing you our services.''”}} | ||
===English law=== | ===English law=== | ||