Legal Definitions - low diligence

Low diligence refers to a very minimal standard of care or attentiveness. It means someone is expected to avoid only the most obvious or extreme forms of carelessness, such as gross negligence or intentional misconduct, rather than taking all reasonable precautions. This standard is typically applied in situations where a person is acting purely as a favor, without receiving any benefit or compensation, and therefore has a reduced legal obligation to protect another's interests or property.

• Example 1: Storing a Friend's Belongings for Free

  Imagine a person agrees to store a friend's antique furniture in their spare room for several months while the friend travels abroad, without charging any fee. In this scenario, the person storing the furniture is acting as a gratuitous bailee (someone holding another's property without payment).

  This illustrates low diligence because the person storing the furniture is generally expected to avoid gross negligence – for instance, they shouldn't intentionally damage the furniture or leave the room's window wide open during a storm. However, they wouldn't typically be held liable for minor accidental damage that an ordinary person might not have prevented, as long as they weren't extremely careless or malicious.

• Example 2: A Volunteer Performing a Task

  Consider a volunteer who offers to help a local community garden by watering plants on weekends. One afternoon, while carrying a watering can, they accidentally trip over a hose, causing some water to spill onto a few plants. No significant damage occurs, but the plants are temporarily overwatered.

  This demonstrates low diligence because, as a volunteer providing a service without compensation, they are not expected to perform with the same professional standard as a paid gardener. While they must avoid gross negligence (e.g., deliberately neglecting the plants or intentionally damaging them), a simple, accidental trip that results in minor spillage, without any malicious intent or extreme carelessness, would likely fall within the bounds of low diligence and not constitute a breach of their duty.

• Example 3: Lending an Item Without Charge

  Suppose a homeowner lends their old, but still functional, power washer to a neighbor who needs to clean their driveway. The homeowner doesn't charge the neighbor for its use. While operating it, the neighbor accidentally drops the nozzle, causing a small crack in the plastic casing.

  This scenario exemplifies low diligence because, since the homeowner lent the power washer purely as a favor, without any expectation of payment, the neighbor is generally held to a standard of low diligence in caring for the item. They are expected to avoid gross negligence or intentional damage (e.g., deliberately throwing the power washer or leaving it exposed to extreme weather for days). The accidental drop, assuming they were operating it generally as one would a power washer, would likely not be considered a breach of low diligence, as it wasn't due to extreme carelessness or willful misconduct.