duty of care

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Related to ordinary care: Standard of care

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 "reasonable person" is that nonexistent, asexual being who does every act with ordinary care and prudence.
Within the last year, customers of one of the country's largest banks received a certified letter informing them that the bank's definition of ordinary care included the use of positive pay on all checking accounts.
Henderson's parents sued the school district, claiming that it was liable for their son's injuries because it failed to use ordinary care in controlling students and maintaining a safe environment for them.
In order to be a proximate cause, the act or omission complained of must be such that a physician using ordinary care would have foreseen that the event, or some similar event, might reasonably result therefrom.
an extreme departure from a standard of ordinary care.
The plaintiffs allege carelessness by Magee and the district, saying they ``failed to exercise ordinary care and take proper precautions .
Doubt as to liability is indicated when there is reasonable doubt as to whether an action is required in view of conflicting rulings, decisions, or ambiguities in the law, and the taxpayer has exercised ordinary care and prudence in attempting to comply with the revenue laws of this state.
51(j) defines both reckless conduct and gross incompetence; reckless conduct is defined as "a highly unreasonable omission or misrepresentation involving an extreme departure from the standards of ordinary care that a practitioner should observe under the circumstances.
The requirement for the depository agreement, though, is that the agreement "cannot disclaim the responsibility of a bank for its lack of good faith or failure to exercise ordinary care.
The suit further alleges that the wrongful conduct was not due to an honest error in judgment, but rather to Defendant's gross mismanagement, bad faith and/or reckless disregard of the rights and interests of the corporation, its shareholders, and for acting without the reasonable and ordinary care which they owed the corporation.
Contract notice: Provision in place of residence of the customer from the city wejherowa ordinary care and specialty care services, including for people with autism.
In rejecting the distinction between ordinary and extraordinary care, the court dismissed the prosecutor's contention that unlike the respirator, fluids and nutrition represented ordinary care and therefore should never be withheld.