Define: Reasonable Diligence

Reasonable Diligence
Reasonable Diligence
Quick Summary of Reasonable Diligence

Reasonable diligence refers to the level of effort and care that individuals are expected to exert in order to achieve a goal or meet a responsibility. It entails being cautious and attentive in a specific situation and acting in a manner that an average prudent person would in similar circumstances. For instance, when purchasing a property or a security, individuals are expected to conduct a thorough investigation to ensure that they are making a sound investment. Neglecting to exercise reasonable diligence may lead to legal responsibility.

Full Definition Of Reasonable Diligence

Reasonable diligence refers to the level of care and effort expected from an individual in a given situation. It is the standard of diligence required to meet legal obligations or fulfil requirements. For instance, if you are a student with an assignment due, reasonable diligence would entail starting the task well in advance, investing the necessary effort, and submitting it on time. Failing to do so could result in being held accountable for not exercising reasonable diligence. This example demonstrates that reasonable diligence necessitates taking appropriate care and effort to fulfil obligations, such as completing and submitting assignments punctually. Neglecting to exercise reasonable diligence may lead to consequences like a lower grade or potential legal repercussions.

Reasonable Diligence FAQ'S

Reasonable diligence refers to the level of care, caution, and effort that a person should exercise in a particular situation. It is a standard used to determine whether someone has acted responsibly and prudently.

Reasonable diligence is important because it helps establish whether a person has fulfilled their legal obligations or duties. It can be used as a defence against negligence claims or as a requirement for fulfilling contractual obligations.

The determination of reasonable diligence depends on the specific circumstances of each case. Courts consider factors such as the nature of the task, the expertise of the person involved, industry standards, and any applicable laws or regulations.

If someone fails to exercise reasonable diligence, they may be held liable for any resulting damages or losses. This could lead to legal consequences, such as being required to pay compensation or facing penalties.

Yes, reasonable diligence can vary depending on the circumstances. What may be considered reasonable in one situation may not be in another. For example, the level of diligence expected from a professional may be higher than that expected from an ordinary person.

In certain situations, reasonable diligence can be delegated to another person or entity. However, the delegator remains responsible for ensuring that the delegatee exercises reasonable diligence and may still be held liable for any failures.

Yes, reasonable diligence can be used as a defence in a lawsuit. If a person can demonstrate that they exercised reasonable diligence in a particular situation, it may help to refute claims of negligence or breach of duty.

While there are no specific legal standards or guidelines for reasonable diligence, courts often rely on precedents, industry practices, and expert opinions to determine what is considered reasonable in a given situation.

In some cases, parties to a contract may agree to waive or modify the standard of reasonable diligence. However, such waivers or modifications must be clearly stated in the contract and should not violate any laws or public policy.

To ensure that you are exercising reasonable diligence, it is advisable to stay informed about relevant laws and regulations, seek professional advice when necessary, maintain accurate records, and act in a manner that a reasonable person would consider responsible and prudent in similar circumstances.

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Disclaimer

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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