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NeCede's

Maxim 7.5.2

Gross fault is equivalent to intentional wrong.

Culpa lata aequiparatur dolo.

Source: Dig. 50, 16, 226; Black's, 2d. 304 Difficulty 2/5 — Approachable

Explanation

Negligence so extreme as to suggest reckless indifference to consequences is treated by the law as though it were a deliberate act.

Where this applies

  • A doctor was so careless in surgery that it looks like they did it on purpose.
  • A driver was so reckless that their negligence is treated the same as intentional harm.

Legal domains

See also

Cite this maxim

NeCede Max. 7.5.2 — Gross fault is equivalent to intentional wrong. — Dig. 50, 16, 226; Black's, 2d. 304 (Culpa lata aequiparatur dolo.)

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