Judge Coleman's charge defined negligence as Mr. Williams's failure to perceive a "substantial and unjustifiable risk" that his conduct would produce a death.
Some employees blame the gap between New York and Gütersloh for Bertelsmann's failure to perceive how the Internet would affect its business.
"In my work as a philosopher, I see more and more reason to stress our failure to perceive this vulnerability, to realize how misguided we are to view ourselves as masters of a tamed and malleable nature".
The failure to perceive that the true outline of this battle is individual rights versus a national health-care crisis is what led Court observers to claim "surprise" that the Court seems to be taking these unprecedented battle lines seriously.
On the one hand, it's easy enough to characterise such anger directed toward political establishments as a mistake, based on a failure to perceive how well things are going; or as a legitimate reaction to real, but localised and temporary bumps in the road, which needn't constitute any larger argument for pessimism.
out-oftouchedness, or the failure to perceive the direction of a movement; 2. misunderstanding based on lack of communication; 3. outright disagreement". Thus, we have witnessed what grammarians call a functional shift -- a change in the use of a word from its customary status to another part of speech.
In this light, the initial inquiry into whether Ernst & Ernst's preparation and certification of the financial statements of First Securities Company of Chicago were negligent, because of the failure to perceive Nay's extraordinary mail rule, and in other alleged respects, and thus whether Rule 10b-5 was violated, should not be thwarted.
And concede that, contrary to common misconception, the euro zone has outperformed America on employment over that period, even if its productivity growth has been slower.By other measures, though, Mr Trichet's tenure is marked by a failure to perceive the processes that culminated in the current crisis.
Three types of SA errors were identified: failure to perceive the situation correctly (Level 1 SA; n = 13), failure to comprehend the situation (Level 2 SA; n = 4), and failure to project the situation into the future (Level 3 SA; n = 1).
