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 ?
It does not absolve First Union of its duty to use ordinary care and good faith.
39) Since the petition failed to allege that the defendant should have known of the loose floorboard, the plaintiff failed to allege that the defendant breached its duty to exercise ordinary care.
But the appellate court held that a plain reading of the statute together with the definition of "insurance producer" established that "any person required to be licensed to sell, solicit, or negotiate insurance has a duty to exercise ordinary care in procuring insurance.
only ordinary care (rather than extraordinary care).
Prices for ordinary care payments are often determined in countless negotiations between doctors, hospitals, pharmacies, and insurers, with the result often depending on their relative negotiating power.
Account holders can reduce their chances of being held liable for check fraud losses for failing to exercise ordinary care by:
The jury instruction in the case quoted the good Samaritan rule adopted by the Wisconsin Supreme Court, which "requires one who voluntarily assumes a duty that is necessary for the protection of another to exercise ordinary care in the performance of the duty, if the circumstances are such that the failure to do so increases the risk of harm to another""
The high court first determined that the general rule that each person has a duty to use ordinary care not to create an unreasonable risk of harm to others applied in Cabral, such that a freeway driver owes other drivers a duty of ordinary care in choosing whether, where and how to stop on the side of the road.
Owners of the garage asked the court to dismiss the action because they had no legal duty to Scott to warn or otherwise protect him from the consequences of driving an n-foot truck into a beam with an 8-foot-6-inch clearance because it was an open, obvious danger that should have been observed by any person exercising ordinary care for his safety.
In contrast to ordinary care, a stricter obligation (defined as extraordinary) would be too burdensome for the majority of patients and would impede what he described as a higher, spiritual good.
THE SUPREME COURT OF TENNESSEE HELD THAT BECAUSE THE COMPLAINT INCLUDED CLAIMS THAT THE DEFENDANTS WERE NEGLIGENT AS TO BOTH THE MEDICAL TREATMENT AND THE ORDINARY CARE THEY PROVIDED, THE TRIAL COURT ERRED BY GRANTING THE MOTION FOR PARTIAL SUMMARY JUDGMENT ON GROUNDS THAT THE GRAVAMEN OF THE COMPLAINT SOUNDED IN MEDICAL MALPRACTICE.
No doctor of ordinary care or skill would have prescribed the two drugs at the same time.