duty of care


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duty of care

n. a requirement that a person act toward others and the public with watchfulness, attention, caution and prudence that a reasonable person in the circumstances would. If a person's actions do not meet this standard of care, then the acts are considered negligent, and any damages resulting may be claimed in a lawsuit for negligence. (See: negligence, standard of care)

duty of care

1 the mechanism used in the law of tort or delict to determine when a person may be liable. Normally, reasonable foreseeability of physical harm will create a duty, but restrictions exist in cases of economic loss, nervous shock and other more unusual harms. The concept is practically useful in separating out and explaining cases of non-liability where there is a mistake or error or bungle that causes a loss to the plaintiff yet there is no liability. See also CULPA, NEGLIGENCE.
2 in relation to persons who import produce, carry, keep or dump waste and waste-brokers, the obligation to take all such measures as are reasonable, among other things, to prevent the unlawful management of waste, prevent the escape of waste and to ensure waste is transferred to an authorized person. Failure to meet the duty is a criminal offence.
References in periodicals archive ?
In establishing negligence, several elements must be proven by the claimant: that a duty of care was owed to them by the defendant; that the duty was breached by the defendant; that the claimant suffered some form of reasonably foreseeable harm or damage; that this harm was caused by the defendant's breach of duty of care (Bryden & Storey, 2011; NZNO, 2016).
Corporation independently of the existence of a duty of care owed to
As a health professional you owe a duty of care to your clients as you have a relationship with them and your acts or omissions will affect them.
3) That the patient suffered damages as a result of the breach of the duty of care.
This Article provides a theory of the duty of care and the business judgment rule through the prism of tort theory and principles.
An IPCC spokesman said: "The IPCC investigation found the officers had failed in their duty of care towards Mr Butler as a vulnerable prisoner.
Woodward is alleged to have breached his duty of care to the deceased by failing to end the deployment of colleagues wearing breathing apparatus for the purpose of "offensive" firefighting.
This article will provide an overview of the legal process associated with clinical negligence claims, and in particular, an explanation of the duty of care.
Margaret Aitken hailed the result as a victory that established in law that emergency services have a duty of care, which she hopes will prevent any other families going through a similar ordeal.
Of the things that bioethics must turn its focus to, one of the most pressing issues is establishing a duty of care between pharmaceutical companies and the people they supply.
Ms Gooch told the coroner she thought the duty of care owed to her son was "blatantly disregarded" and had resulted in his death.
Since the advent of the Gambling Commission, bookmakers now have a duty of care to ensure their customers are aware of the need to gamble responsibly.