Diligentia is the act of being cautious and attentive to specifics. In Roman law, it denotes the expected level of care when managing another person’s interests. There are two levels of diligentia: the higher standard is the care a responsible father would exhibit in his own matters, while the lower standard is the care an individual would show in their own affairs. Failure to demonstrate diligentia may result in liability for any resulting harm.
The term Diligentia, originating from Roman law, denotes the carefulness and diligence expected of a person when they are responsible for someone else’s interests or property. Failure to exercise Diligentia can lead to legal liability in a contract or tort case. There are two standards of Diligentia: Diligentia exacta or exactissima, which is the highest standard of diligence, and Diligentia quam suis rebus, which is the lower standard of diligence. Diligentia exacta is the level of care that a good father of a family habitually exhibits in his own affairs, also known as extraordinary diligence. Diligentia quam suis rebus is the level of care that a person exhibits in their own affairs, also known as ordinary diligence or diligentia media. For instance, if a person is hired to take care of someone’s property, they are expected to exercise Diligentia exacta, which means they must take extraordinary care of the property as if it were their own. Conversely, if a person is responsible for their own property, they are only expected to exercise Diligentia quam suis rebus, which means they must exercise the level of care that a person of ordinary prudence would exercise in their own affairs. In summary, Diligentia refers to the level of care and attention that a person is expected to exercise when they are responsible for someone else’s interests or property, and the level of Diligentia required depends on the circumstances and can range from ordinary diligence to extraordinary diligence.
Diligentia is a Latin term that means “diligence” or “carefulness.”
Diligentia is important in legal matters because it refers to the level of care and attention that a person or entity must exercise in order to avoid legal liability.
Examples of Diligentia in legal matters include conducting thorough research before making a decision, following proper procedures and protocols, and maintaining accurate records.
If someone fails to exercise Diligentia, they may be held liable for any damages or losses that result from their negligence.
Everyone is responsible for exercising Diligentia, but the level of care required may vary depending on the circumstances.
Someone can demonstrate Diligentia by keeping detailed records, following established procedures, conducting thorough research, and seeking expert advice when necessary.
Failing to exercise Diligentia in a business context can result in legal liability, financial losses, damage to reputation, and loss of business opportunities.
A business can ensure that it is exercising Diligentia by implementing policies and procedures that promote careful decision-making, conducting regular audits and reviews, and seeking legal advice when necessary.
Diligentia is an important consideration in contract law because it refers to the level of care and attention that parties must exercise in fulfilling their obligations under the contract.
Someone can defend against a claim of failing to exercise Diligentia by demonstrating that they took reasonable steps to avoid the harm in question, such as conducting research, seeking expert advice, and following established procedures.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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