The Black’s Law Dictionary, (9th Edition), defined negligence as a person's failure
to exercise the degree of care that someone of ordinary prudence would have
exercised in the same circumstance.
Negligence has also been defined as the omission to do something which a
reasonable man, guided by those considerations which ordinarily regulate the
conduct of human affairs, would do or doing something which a prudent and
reasonable man would not do. It must be determined in all cases by reference to the
situation and knowledge of the parties and all the attendant circumstances.
It is glaring that the acts of the Applicants is characterized by negligence in different
aspects which include: failure to carefully vet and scrutinize the local purchase order
issued by the Respondent vis a vis the initial one to ensure that it has not been
inflated, failure to put up a proper defense having known as they claim that there
was an inflation of the contract sum and finally admitting to pay the said inflated
amount. Nonetheless, in the midst of all these, the Applicants admitted liability even
to the extent of agreeing to pay in two installments.
The Applicants had the responsibility and opportunity to scrutinize the price
quotation given to it by the Respondent which it failed, refused and or neglected to
do for whatever reasons. The Applicant was at liberty either to reject the quotation
or request a review, or even call for a fresh bid if in its opinion there was a reasonable
ground to do so. It is submitted that the Applicant failed to exercise due diligence ab
initio.
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