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DILIGENCE

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Originally appearing in Volume V08, Page 271 of the 1911 Encyclopedia Britannica.
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DILIGENCE , in See also:

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

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DILKE, SIR CHARLES WENTWORTH