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 ?
The " Duty of Care in Federal Agencies" survey also suggests that communication gaps may exist between agency decision makers and rank-and-file employees.
Under a correct account of the tort analogy, the duty of care and the business judgment rule are not antipodes of a paradox, but are complementary principles governing duty and its scope.
The ambulance service will now have to accept they do have a duty of care.
If this is the case, then it also seems that pharmaceutical companies, which provide medicines that are key to human health, could reasonably be thought to have a duty of care to their consumers.
Privatised utilities cannot just wash their hands of it and say they have no duty of care.
The plaintiff alleged that the defendant owed a duty of care to her, which was 'to diagnose AT's HIV infection and/or give proper counselling and advice to AT as to the need for an HIV test'; that she 'is within the class of persons who were at risk of foreseeable injury if the defendant failed to properly counsel and advise AT to have an HIV test'.
The latter question, in turn, required the court to determine whether a veterinarian employed on the faculty of a state university was bound by a duty of care arising independently of his state employment.
Now, an organisation will be guilty of corporate manslaughter if the way it manages its activities is shown to have caused a person's death and amounted to a gross breach of the duty of care it owed to the deceased.
But yesterday, the Court of Appeal in London ruled that, when an unnamed tax officer decided to fill in Mr Martin's form without authority, he was assuming a duty of care for which the Revenue and Customs were liable.
As far as the duty of care was concerned, the history of the birth family made it reasonably foreseeable that disclosure of the adopters' address would risk exposing them to some damage.
a breach of that duty of care by the defendant; and
They have a duty of care to Saxon a duty of care to ensure they do not compromise anyone's safety if he is re-homed.