Gross Negligence in Canadian Energy Contracts | Zendy

Miles Pittman | Zendy; Jaclyn Hesje | Zendy; Adam Lamoureux | Zendy

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Gross Negligence in Canadian Energy Contracts

Author(s) -

Miles Pittman,

Jaclyn Hesje,

Adam Lamoureux

Publication year - 2013

Publication title -

alberta law review

Language(s) - English

Resource type - Journals

eISSN - 1925-8356

pISSN - 0002-4821

DOI - 10.29173/alr68

Subject(s) - jurisprudence , gross output , economics , gross anatomy , law , political science , production (economics) , macroeconomics , medicine , anatomy

The narrow definition of gross negligence in the 2007 Canadian Association of Petroleum Landmen Operating Procedure highlights the varied definitions across oil and gas contracts of gross negligence. The jurisprudence with respect to gross negligence does not follow particular patterns, and focuses instead on each case’s specific facts; this has, in the author’s view, led contract drafters over time to specify in detail what is and is not gross negligence. The article provides a framework for analyzing situations where gross negligence may have occurred and provides contract drafting suggestions in respect of gross negligence.

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