Note 358 — Chapter XVIII · INTENTION AND NEGLIGENCE.

In Roman law negligence is signified by the terms culpa and negligentia, as contrasted with dolus or wrongful intention. Care, or the absence of negligentia, is diligentia. The use of the word diligence in this sense is obsolete in modern English, though it is still retained as an archaism of legal diction. In ordinary usage, diligence is opposed to idleness, not to carelessness.