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Gross negligence: Difference between revisions
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Express duties are easy: the parties agree them advance. They are governed by the law of [[contract]]. The standard of care is “did you do what you agreed to do?” A party’s state of mind when it fails to do so (whether wilful, inadvertent or something in between) doesn’t matter. | Express duties are easy: the parties agree them advance. They are governed by the law of [[contract]]. The standard of care is “did you do what you agreed to do?” A party’s state of mind when it fails to do so (whether wilful, inadvertent or something in between) doesn’t matter. | ||
''Did you | ''Did you do what you agreed to do, or didn’t you?'' | ||
There is a world of nuance in ''framing'' those duties — see below — but once framed, the question is binary. | There is a world of nuance in ''framing'' those duties — see below — but once framed, the question is binary. | ||