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Encyclopedia Britannica



DILIGENCE

This article appears in Volume V08, Page 271 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: DEM-DIO
DILIGENCE , in law, the care which a person is bound to exercise in his relations with others. The possible degrees of diligence are of course numerous, and the same degree is not required in all cases. Thus a mere depositary would not be held bound to the same degree of diligence as a person borrowing an article for his own use and benefit. Jurists, following the divisions of the civil law, have concurred in fixing three approximate271
standards
  of diligenceviz.
ordinary
  (diligentia), less than
ordinary
  (levissima diligentia) and more than ordinary (exactissima diligentia). Ordinary or common diligence is defined by Story (On Bailments) as " that degree of diligence which men in general exert in respect of their own concerns." So Sir William
Jones
 :" This care, which every person of common prudence and capable of governing a family takes of his own concerns, is a proper measure of that which would uniformly be required in performing every
contract
 , if there were not strong reasons for exacting in some of them a greater and permitting in others a less degree of attention" (
Essay
  on Bailments). The highest degree of diligence would be that which only very prudent persons bestow on their own concerns; the lowest, that which even careless persons bestow on their own concerns. The want of these various degrees of diligence is
negligence
  in corresponding degrees. These approximations indicate roughly the greater or less severity with which the law will judge the performance of different classes of contracts; but
English
 
judges
  have been inclined to repudiate the distinction as a useless refinement of the jurists. Thus Baron Rolfe could see no difference between
negligence
  and
gross
  negligence; it was the same thing with the addition of a vituperative epithet. See NEGLIGENCE.
Diligence, in Scots law, is a general
term
  for the process by which persons, lands or effects are attached on execution, or in security for debt.


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