Legal Definitions - diligentia

Definition: Diligentia (dil-uh-jen-shuh) is a Latin term used in Roman law to refer to carefulness and diligence. It is the level of care and attention that a person is expected to exercise when they are responsible for someone else's interests or property. Failure to exercise diligentia can result in legal liability, either in a contract or tort case.

There are two standards of diligentia:

• Diligentia exacta or exactissima: This is the highest standard of diligence, which is the level of care that a good father of a family habitually exhibits in his own affairs. It is also known as extraordinary diligence.
• Diligentia quam suis rebus: This is the lower standard of diligence, which is the level of care that a person exhibits in their own affairs. It is also known as ordinary diligence or diligentia media.

For example, if a person is hired to take care of someone's property, they are expected to exercise diligentia exacta, which means they must take extraordinary care of the property as if it were their own. On the other hand, if a person is responsible for their own property, they are only expected to exercise diligentia quam suis rebus, which means they must exercise the level of care that a person of ordinary prudence would exercise in their own affairs.

In summary, diligentia refers to the level of care and attention that a person is expected to exercise when they are responsible for someone else's interests or property. The level of diligentia required depends on the circumstances and can range from ordinary diligence to extraordinary diligence.