Ray Hrdlicka – Host – Attorneys.Media
“Is there a difference between an intentional action that breaches a contract and then an unintentional action that causes that same problem? I pose that question in regard to the resolution of the problem. You know, in other words, is intentional acts likely to render a greater…a greater penalty, for lack of a better phrase.”
Michael Campbell – Business Dispute Attorney – Pierce County, WA
“Possibly. If a…If a wrong that’s committed against some other party, whether it be a violation of a contract or a tort, is done intentionally, courts and juries tend to regard that more seriously than they do unintentional wrongs. On the other hand, think about it for just a moment. Something that’s done unintentionally is more likely to be resolved at the first complaint. Someone says,
‘I didn’t expect you to do this and I think you should have done that.’
And the person says,
‘oh yes, I think you’re right.’
And so, the contractor, the dentist, the store owner, whoever it is, says,
‘yes, I’ll make that right’.
And so, it gets resolved before it ever gets to the point where you have to file a lawsuit.”
Ray Hrdlicka – Host – Attorneys.Media
“That makes sense. That… that’s why there’s probably a huge difference in resolution results between those two. Intentional and unintentional.”
Michael Campbell – Business Dispute Attorney – Pierce County, WA
“Well, unintentional means…it could also simply be the result of gross negligence. And we consider that something in between a mere mistake and a and an intentional commission of an act. Because gross negligence is somebody doing something that is so outrageous or so irresponsible that you just can’t imagine they would have done that purposely, and yet they did it. And so, courts take a dimmer view of that.”
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