Legal Definitions - adhibere diligentiam

Adhibere diligentiam is a Latin phrase used in civil law that refers to the obligation to exercise a reasonable level of care, diligence, or prudence in one's actions or duties. It signifies the standard of attentiveness and caution expected from an individual to prevent harm, ensure proper performance, or fulfill a responsibility.

Here are some examples to illustrate this concept:

• Example 1: Professional Responsibility

  Imagine a certified public accountant (CPA) preparing tax returns for a client. The CPA has an obligation to adhibere diligentiam by carefully reviewing all financial documents, applying the correct tax laws, and ensuring the accuracy of the submitted returns. If the CPA negligently overlooks a significant deduction or miscalculates income, leading to a penalty for the client, they may be found to have failed in their duty to use appropriate care.

• Example 2: Product Manufacturing

  Consider a company that manufactures children's toys. This company must adhibere diligentiam throughout its production process. This includes using non-toxic materials, designing toys without small parts that could pose a choking hazard for the intended age group, and conducting thorough quality control checks. If a child is harmed by a defect that could have been prevented with reasonable care in manufacturing or design, the company may be held liable for failing to exercise due diligence.

• Example 3: Property Maintenance

  A homeowner hosting guests for a party has a responsibility to adhibere diligentiam regarding the safety of their property. This means ensuring that obvious hazards, such as a broken step on a staircase or a loose railing, are either repaired or clearly marked to prevent injury. If a guest falls and is injured due to a hazard the homeowner knew about but failed to address with reasonable care, the homeowner might be considered negligent.