Exacta diligentia is a Latin phrase utilised in Roman law to denote the concept of great care. It signifies the level of care that a responsible father would exercise in managing their own affairs. This standard of care is exceptionally high and is expected when one is entrusted with the responsibility of safeguarding another person’s interests. Failure to exercise exacta diligentia may result in legal liability for any resulting harm.
Exacta diligentia, a Latin term used in Roman law, refers to the concept of great care or diligence. In Roman law, diligentia pertains to the level of care or diligence expected from individuals in their affairs. There are two standards of diligence: a higher standard known as diligentia exacta or exactissima, which represents the exceptional diligence exercised by a head of a family in their business matters, and a lower standard called diligentia quam suis rebus, which represents the level of diligence exercised by a person of ordinary prudence in their own affairs. For instance, if someone is obligated by contract to safeguard another’s interests, they are expected to demonstrate diligentia exacta or extraordinary diligence in fulfiling their duties. Failure to do so may result in being held accountable for any resulting damages or losses. Conversely, if an individual is solely responsible for their own affairs, they are expected to exercise diligentia quam suis rebus or ordinary diligence. In summary, exacta diligentia underscores the significance of exercising great care and attention to detail when fulfiling obligations and responsibilities.
Exacta Diligentia is a Latin term that translates to “due diligence” in English. It refers to the level of care, caution, and thoroughness that a person or entity is expected to exercise in a particular situation.
Exacta Diligentia is crucial in legal matters because it helps ensure that individuals or organisations fulfill their legal obligations and responsibilities. It helps prevent negligence, errors, and omissions that could lead to legal consequences.
The determination of Exacta Diligentia depends on various factors, including the nature of the situation, the standard of care expected in that particular field or industry, and the specific circumstances surrounding the case. It is often evaluated based on what a reasonable person or entity would have done in similar circumstances.
Failing to exercise Exacta Diligentia can have legal consequences, such as being held liable for damages, facing lawsuits, or being subject to regulatory penalties. It can also harm one’s reputation and credibility.
Exacta Diligentia can be delegated or outsourced to a certain extent, but the ultimate responsibility still lies with the person or entity that has the legal obligation. It is important to exercise caution when delegating or outsourcing, as one cannot completely absolve themselves of their duty to exercise due diligence.
To demonstrate compliance with Exacta Diligentia, it is essential to maintain proper documentation, records, and evidence of the steps taken to fulfill the duty of care. This can include written policies and procedures, training records, communication logs, and any other relevant documentation.
Yes, the standard of Exacta Diligentia can vary across different industries or professions. What may be considered reasonable care in one field may not be sufficient in another. It is important to understand the specific standards applicable to your industry or profession.
Exacta Diligentia can be limited or waived to some extent through contracts, but there are limitations to this. Certain legal obligations cannot be waived, especially those related to public safety or statutory requirements. It is advisable to seek legal advice before attempting to waive or limit Exacta Diligentia through contracts.
Yes, demonstrating that Exacta Diligentia was exercised can be used as a defence in legal disputes. It can help establish that the necessary care and caution were taken, potentially reducing or eliminating liability.
To stay updated on the requirements of Exacta Diligentia, it is important to regularly review and stay informed about relevant laws, regulations, industry standards, and best practices. Consulting with legal professionals and participating in relevant training and education programs can also help ensure compliance.
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.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/exacta-diligentia/
- Modern Language Association (MLA):Exacta Diligentia. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/exacta-diligentia/.
- Chicago Manual of Style (CMS):Exacta Diligentia. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/exacta-diligentia/ (accessed: May 09 2024).
- American Psychological Association (APA):Exacta Diligentia. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/exacta-diligentia/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts