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NeCede's

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.

Legal domains

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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