This article is a polemic with the theses contained in the commentary by Tobiasz Nowakowski to the judgment of the Court of Appeal in Łódź of 30 January 2018 (I ACa 727/17). The commentary was entitled: ‘Due diligence and tortious liability’ and published in issue 11 of ‘Palestra’ from 2020. The article concerns various issues related to tortious liability, including the definition and systemic location of due diligence or its relation to the concept of wrongfulness.