Legal Definitions - common diligence

Common diligence refers to the level of care and attention that an average, prudent, and reasonable person would exercise in a particular situation to protect their own interests or the interests of others. It is not an extraordinary or exceptionally high standard of care, nor is it a minimal or negligent one. Instead, it represents the typical, sensible precautions and actions that most people would take under similar circumstances.

Here are some examples to illustrate common diligence:

• Example 1: Homeowner Property Maintenance

  Imagine a homeowner who notices a loose handrail on their front porch steps. Exercising common diligence, they would be expected to repair the handrail in a timely manner or place a clear warning sign to prevent visitors from falling and getting injured. This demonstrates the reasonable care a property owner should take to ensure the safety of their premises, avoiding foreseeable hazards that could harm others.

• Example 2: Reviewing a Basic Contract

  Consider a small business owner who is about to sign a standard service agreement with a new supplier. Applying common diligence, they would read through the contract, paying attention to key terms such as the scope of services, payment schedule, and cancellation clauses. While they might not hire a lawyer for every routine agreement, they would take the time to understand what they are agreeing to, ask questions if something is unclear, and ensure the terms are acceptable before signing. This reflects the expected level of carefulness in a typical business transaction.

• Example 3: Planning a Community Event

  An individual organizing a local charity run would exhibit common diligence by mapping out a safe route, ensuring there are water stations, arranging for basic first aid support, and obtaining necessary permits from local authorities. They wouldn't need to anticipate every highly improbable scenario, but they would take reasonable and customary steps to ensure the safety and well-being of participants and spectators, reflecting the standard precautions for such an event.