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Due diligence in civil procedure is the idea that reasonable investigation is necessary before certain kinds of relief are requested. For example, duly diligent efforts to locate and/or serve a party with civil process is frequently a requirement for a party seeking to use means other than personal service to obtain
Here, mere errors in judgment are excusable (Best Judgment Rule) and cannot be judged solely with the gift of hindsight without substantial injustice. He or she is required to exercise ordinary care and caution (diligence) in the use of that skill (Due Care Rule), and procedural and technical failures are held to be the most common breaches.
Gross negligence is the "lack of slight diligence or care" or "a conscious, voluntary act or omission in reckless disregard of a legal duty and of the consequences to another party." [1] In some jurisdictions a person injured as a result of gross negligence may be able to recover punitive damages from the person who caused the injury or loss. [2]
Situations in which a duty of care have previously been held to exist include doctor and patient, manufacturer and consumer, [2] and surveyor and mortgagor. [3] Accordingly, if there is an analogous case on duty of care, the court will simply apply that case to the facts of the new case without asking itself any normative questions. [4]
There are however certain circumstances in which an individual may be liable for omissions, where a prior special relationship exists. Such a relationship may be imposed by statute; the Occupiers' Liability acts for example impose a duty of care upon occupiers of land and properties to protect – in as far as is reasonable – others from harm ...
Negligence (Lat. negligentia) [1] is a failure to exercise appropriate care expected to be exercised in similar circumstances. [2]Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a negligent act or failure to act.
Thus, the Duty of Care certainly involves informing oneself prior to making decisions. Caremark, Unocal Corp. v. Mesa Petroleum Co., Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc. (setting out duty of supervision and knowledge of company finances). Francis V. United Jersey Bank [3] (emphasizing monitoring as a part of the duty of care). In ...
Diligence. The whip and spurs signify a drive to steadfastly move forward with one's means. Diligence—carefulness and persistent effort or work—is listed as one of the seven capital virtues. It can be indicative of a work ethic, the belief that work is good in itself. [1] "There is a perennial nobleness, and even sacredness, in work.