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 ?
"We believe that the duty of care should not just be owed to the employee, but the actual issue of how you use drug tests to screen someone under at-will employment and how to do that with particular caution and safeguards in place to protect employees."
However, when employees have a reasonable level of concern for their safety and a reasonable level of confidence in the effectiveness of duty of care policies, they are much more likely to follow security protocols and turn on the device or app designed to protect them.
This gives you an opportunity to partner with new parts of your organization and improve how your employees manage their duty of care responsibilities.
To see what the CIS is, and to understand the principles that make Duty of Care Risk Analysis work, sign up for the CIS RAM launch webinartaking place on April 30.
Duty of Care and Travel Risk Management Global Benchmarking Study.
Meanwhile, the rest of the Western world continues to add emotional and behavioral health requirements to Duty of Care. In 2007, the United Kingdom passed the Corporate Manslaughter and Corporate Homicide Act.
It said: "No duty of care can be owed by a local authority in the exercise of child protection functions to investigate and take action to prevent significant harm."
In common law, 'duty of care' is a specific concept that refers to the obligation for people to not cause harm to one another (Fullbrook, 2005, 2007a; Johnson, 2004).
He added: "As a player you have a duty of care for the people that are in that breakdown - you can kick the ball but sometimes accidentally other things happen.
The defendant was in breach of his/her duty of care in the sense that there was a failure to meet the requisite standard.
The fiduciary duty of care does not seem to get very much respect.