Diligence

“ High or great diligence is of course extraordinary diligence, or that which very prudent persons take of their own concerns; and low or slight diligence is that which persons of less than common prudence, or indeed of any prudence at all, take of their own concerns. ”

“ That diligence and care must again depend on the nature of the undertaking. There are many things which, in their management, require the utmost diligence and most scrupulous attention, and where the agent who undertakes their direction renders himself responsible for the slightest meglect. There are others where the duties imposed are presumed to call for nothing more than ordinary care and attention, and where the exercise of that degree of care sufficies. ”

“ But the duty remains, as between the directors and those who are interested in the bank, to exercise proper diligence and supervision in respect to what may be done by its officers and agents.
As to the degree of diligence and the extent of supervision to be exercised by directors, there can be no room for doubt under the authorities. It is such diligence and supervision as the situation and the nature of the business require. Their duty is to watch over and guard the interests committed to them. ”

“ Ordinary diligence, like most other human qualifications or characteristics, is a relative term, to be judged of by the nature of the subject to which it is directed. It would not be any want of ordinary care or diligence to intrust the shoeing of a horse to a common blacksmith, but it would be gross negligence to intrust to such a person the cleaning or repair of a watch. ”

“ When considering whether the way in which the information is provided is sufficient to ensure the person's awareness of the trial, particular attention should, where appropriate, also be paid to the diligence exercised by public authorities in order to inform the person concerned and to the diligence exercised by the person concerned in order to receive information addressed to him or her. ”

“ Ordinary care, then,-and the jury were, in effect, so informed,-implies the exercise of reasonable diligence, and reasonable diligence implies, as between the employer and employe, such watchfulness, caution, and foresight as, under all the circumstances of the particular service, a corporation controlled by careful, prudent officers ought to exercise. ”

“ The Apostle tells us in our text. It is by giving all diligence, and in order that we might do so, remember these things deserve your diligence, that diligence will secure them, that they cannot be secured without diligence. They deserve your diligence. It is pitiable to see how many thousands are employing their zeal, and wasting their strength and spending their money, talents, and time upon practically nothing. ”

“ The highest degree of diligence would be that which only very prudent persons bestow on their own concerns; the lowest, that which even careless persons bestow on their own concerns. The want of these various degrees of diligence is negligence in corresponding degrees. ”

“ But here the basis of liability must be found in a relation. The fiction of an undertaking to use the skill or diligence involved in a relation or calling is a juristic way of saying that one who deals with another in such a relation or with another who professes such a calling is justified in assuming the skill and diligence ordinarily involved therein, so that the law holds those in the relation or engaged in the calling to that standard in order to maintain the general security. In other words another, [Pg 172] though closely related, postulate of civilized society is involved. ”

“ But there is no case which decides that such an inquiry of the holder is indispensable; they decide that such an inquiry is proof of due diligence, not that it is the only proof of such diligence; that it is sufficient, not that it is indispensable. For instance, inquiry of one of the parties to a bill as to the residence of the indorser is due diligence. ”

“ Diligence requires that the lawyer use his best ability and efforts to the end that the client, no matter how poor or unpopular or persecuted, may receive all the remedies or defenses that the law grants him, and that his case may be terminated with all possible speed. ”

“ Where a party has knowledge of the facts, he has notice of the legal consequences resulting from those facts. The Ploughboy, 1 Gall., 41.
It affects the conscience of the party. Smith v. Shane & Morgan, 1 McLean, 27. Notice of such facts as with ordinary diligence will lead to a knowledge of an outstanding equity, is sufficient. ”

“ They may learn, from the example of Drake, that diligence in employments of less consequence, is the most successful introduction to greater enterprises. ”

“ It is their duty to use ordinary diligence in ascertaining the condition of its business and to exercise reasonable control and supervision of its officers. They have something more to do than from time to time, to elect officers of the bank, and to make declaration of dividends. ”

“ Among his miscellaneous writings there exist some fragments of autograph notes, evidently intended for a little lecture or talk to law students which set forth with brevity and force his opinion of what a lawyer ought to be and do. He earnestly commends diligence in study, and, next to diligence, promptness in keeping up his work.
"As a general rule, never take your whole fee in advance," he says, "nor any more than a small retainer. ”

“ Cases can be found, and many of them, in which further inquiries than a call at the place of business of a merchant acceptor has been deemed proper, and in which such inquiries not having been made, has been declared to be a want of due diligence in making a demand for payment ”

“ One who purchases such paper from another, who is apparently the owner, giving a consideration for it, obtains a good title, though he may know facts and circumstances that cause him to suspect, or would cause one of ordinary prudence to suspect, that the person from whom he obtained it had no interest in it, or authority to use it for his own benefit, and though by ordinary diligence he could have ascertained those facts. ”

“ The defense of laches, which prompted the dismissal of the bill in this case, has so often been made the subject of discussion in this court that a citation of cases is quite unnecessary. Some degree of diligence in bringing suit is required under all systems of jurisprudence. In actions at law, the question of diligence is determined by the words of the statute. ”

“ We have during the limited time and opportunity afforded us considered as far as possible the field of investigation which must be explored in the preparation of the answer, and the conclusion at which we have arrived is that with the utmost diligence the time we have asked is reasonable and necessary. ”

“ But due diligence and extraordinary circumstances are related inquiries: an alien’s due diligence is considered in light of his circumstances. Thus, assessing due diligence necessarily includes a temporal component, which involves determining whether and when a purported extraordinary circumstance occurred. ”

“ The duty of the master to use reasonable diligence to provide a safe place for the employees to work, to carry on the occupation in which they are employed, is too well settled to require much consideration now. ”

“ A financial institution that carries out a customer due diligence measure by means of an intermediary remains liable under this Ordinance for a failure to carry out that customer due diligence measure. ”

“ DILIGENCE, in law, the care which a person is bound to exercise in his relations with others. The possible degrees of diligence are of course numerous, and the same degree is not required in all cases. Thus a mere depositary would not be held bound to the same degree of diligence as a person borrowing an article for his own use and benefit. Jurists, following the divisions of the civil law, have concurred in fixing three approximate standards of diligence—viz. ”

“ what we hope ever to do with ease, we must learn first to do with diligence. ”

“ letting them know that diligence and application have their due encouragement, even in the remotest parts of the world, and that no case can be so low, so despicable, or so empty of prospect, but that an unwearied industry will go a great way to deliver us from it, will in time raise the meanest creature to appear again in the world, and give him a new case for his life. ”

“ That which ordinary men are fit for, I am qualified in, and the best of me is diligence. ”

“ In the performance of a task thus generally delineated I shall endeavor to select men whose diligence and talents will insure in their respective stations able and faithful cooperation, depending for the advancement of the public service more on the integrity and zeal of the public officers than on their numbers. ”

“ The Principle of Investigation The second principle is that of Investigation. Investigation is but a method of getting at the truth; and, as I said at the outset, it is the truth alone that shall set us free. In problems of the magnitude of those which industry presents, any just solution is impossible without a knowledge of the facts. There are certain evils which publicity is more effective in preventing and remedying than penalty; and unfair dealing between the parties to industry are of this kind. ”

“ It is the business of the lawyers, each for his own client, to sum up the evidence which may have been adduced, and to present the whole in a light as favorable to his own side of the question as possible. ”

“ That the main act or transaction is not, in every case, necessarily confined to a particular point of time, but whether it is so or not depends solely upon the nature and character of the act or transaction.
Search is made in vain for any decided case, where the principles and tests which regulate and control the admission of such evidence is so satisfactorily stated, and with so much fulness and clearness as in that case. ”

“ The consultor of a work, embracing within its pages such distracting judgments, unexplained by commentary, would be in doubt as to which decision he should adopt, so that coming to the inspection with the desire of solving a legal question, he would be constrained to close the volume, in utter despair of extracting truth or information from so confused a mass of contradictions. ”

“ Every attention that the unremitted industry of the undersigned could give, has been paid to the collection and examination of evidence which they are ready to produce when called upon by a responsible person so to do;—but they do not feel themselves bound, under these circumstances, to give a moment's consideration to the attacks which may flow from the pen of every anonymous, mercenary, or irresponsible scribbler. ”

“ The business of the magistrate, of the military commander, of the navigator, of the physician, of the agriculturist, is merely to judge of evidence, and to act accordingly. They all have to ascertain certain facts, in order that they may afterwards apply certain rules, either devised by themselves, or prescribed for their guidance by others ”

“ It is the duty and the purpose of the Executive to direct an investigation by the Department of Justice, through the grand jury or otherwise, into the history, organization, and purposes of all the industrial companies with respect to which there is any reasonable ground for suspicion that they have been organized for a purpose, and are conducting business on a plan which is in violation of the Anti-Trust law. ”

“ The other chief source of evidence to establish a fact which consists of a large and complex state of affairs is the opinion of recognized authorities on the subject. The strength of such evidence depends on whether the audience will accept the person you cite as having authority on the matter. Most of us read some newspaper or periodical in the opinions of which we have confidence, because they seem to be based on investigation and competent knowledge. The annual report of the Secretary of the Treasury is excellent evidence on the state of the national finances. ”

“ Outside operators having capital, experience, and knowledge of the general conditions of business. Testimony is clear as to the result which, in the long run, attends their operations; commissions and interest charges constitute a factor always working against them. ”

“ The League’s rule in assigning cases, indeed, is to choose as investigator the man whose social, professional, or business connections are such that he can “clean up” with the least [201] effort and in the shortest space of time. When there are many places to visit, the case goes to a man owning a motor car. ”

“ The determination of whether a business judgment is an informed one turns on whether the directors have informed themselves "prior to making a business decision, of all material information reasonably available to them." ”

“ Neither as regards the loss due to resistance, nor as regards the number of lamps per horse-power, is there the slightest trouble or disappointment on the part of our company, and your correspondent is entirely in error is assuming that there is. Let me suggest that if 'Investigator' really wishes to investigate, and is competent and willing to learn the exact facts, he can do so at this office, where there is no mystery of concealment, but, on the contrary, a strong desire to communicate facts to intelligent inquirers. ”

“ Proper preparation of a client's case demands that he assemble information, sift what he considers to be the relevant from the irrelevant facts, prepare his legal theories and plan his strategy without undue and needless interference. ”

“ In forming your organization, bear in mind the great variety of investigation that you are likely to be called upon by the Government to make, and make your organization large enough to thoroughly cover every business, manufacturing and other interests in your town that in your opinion should be covered—so that you will be immediately informed of any activity that may prove directly or indirectly unfriendly to the best interests of the Government. ”