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Gross negligence: Difference between revisions
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But these performance standards necessarily define what is “normal negligence” in the contractual context — that is, what counts as a simple breach of contract. No-one of them undermines the binary nature of liability for breach. | But these performance standards necessarily define what is “normal negligence” in the contractual context — that is, what counts as a simple breach of contract. No-one of them undermines the binary nature of liability for breach. | ||
The world — the new world especially — is awash with contracts riddled with gross negligence (in both senses?), it is true. This is a burden for our learned friends in the QBD and ninth circuit. ({{casenote| | The world — the new world especially — is awash with contracts riddled with gross negligence (in both senses?), it is true. This is a burden for our learned friends in the QBD and ninth circuit. ({{casenote|Central Bank of Nigeria|JP Morgan Chase Bank}} refers) | ||
But for all us commercial attorneys out there, making these instruments for courts to unpick: come on. We can do better. | But for all us commercial attorneys out there, making these instruments for courts to unpick: come on. We can do better. | ||