Maxim 7.2.20
Gross negligence is equivalent to fraud.
Source: Black's, 2d. 698; Dig. 11, 6, 1; 1 Bouv. Inst. n. 646; McCracken v. Hare, 2 Spears (S.C.) 256; Weisman, 29h; Weisman, 44e
Difficulty 2/5 — Approachable
Explanation
(English-origin maxim.) A trustee or fiduciary whose neglect is so extreme as to amount to recklessness is treated the same as one who acted with fraudulent intent — gross negligence and fraud produce the same legal consequences.
Where this applies
- A financial advisor who never bothers to read his clients' account statements before investing their money is held liable for fraud, even though he didn't intend to cause harm.
- A trustee who completely ignores the management of a trust fund is treated the same as one who deliberately stole from it.
- A doctor who prescribes medication without even glancing at the patient's chart is held to the same standard as one who intentionally harmed the patient.
Cite this maxim
NeCede Max. 7.2.20 — Gross negligence is equivalent to fraud. — Black's, 2d. 698; Dig. 11, 6, 1; 1 Bouv. Inst. n. 646; McCracken v. Hare, 2 Spears (S.C.) 256; Weisman, 29h; Weisman, 44e
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