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 ?

for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person...." (33) In other words, "each person has a duty to use ordinary care and is liable for injuries caused by his failure to exercise reasonable care in the circumstances...." (34) However, in 1968, the California Supreme Court decided Rowland v.

CALIFORNIA'S NO-DUTY LAW AND ITS NEGATIVE IMPLICATIONS

(50) She insisted jurors were more equipped to determine what duty of ordinary care was required.

REAFFIRMING THE ROLE OF THE JURY: THE PROBLEM OF SUMMARY JUDGMENT, DUTY, AND ROADKILL IN ZERFAS V. AMCO INSURANCE COMPANY

The Uniform Commercial Code ("UCC"), as adopted in Florida, expressly permits the parties to agree to vary the provisions of the UCC, so long as the variations do not disclaim a bank's responsibility for failure to exercise good faith and ordinary care, and are not manifestly unreasonable; and this includes the shortening of notification periods otherwise set out in the UCC.

Florida should permit parties to modify article 4A's notice period by agreement

(34) Specifically, the defendant challenged the plaintiffs petition for not alleging sufficient facts to show that the defendant had failed to exercise ordinary care. (35)

The Supreme Court of Missouri splashes with precedent in waterslide injury case

They alleged that Lessaris breached his duty to exercise ordinary care and skill in renewing, procuring, binding, and placing the requested insurance coverage as required by the code.

Held captive to duty: Illinois case finds that a captive agent is not absolved from providing ordinary care to his clients

jury instructions; they use the concept of "ordinary care."

Reasonableness in and out of negligence law

This general impression test must be applied from the perspective of an average customer, who is trusting and inexperienced, and includes viewing the advertisement with nothing more than ordinary care to what is written on the actual document.

Turning a loss into a win

One important factor in recognizing the $2.7 trillion annual cost of health care in the United States is the extraordinary price for ordinary care. For example, a colonoscopy is the most expensive routine screening test.

The cost of care in America: $2.7 trillion

Five of those claims alleged either federal civil rights violations and/or common law breaches of duty of ordinary care. The sixth cause of action alleged: that the defendants jointly and/or severally, negligently departed from accepted standards of medical care and treatment rendered to him.

Legal case briefs for nurses

The private sector was left to cater for older people requiring ordinary care homes.

From dementia shifting concerns to loneliness... the of aging county; This week's census results told us what we knew... the population of North Wales is getting older.. Rob Davies finds out how the most elderly county statistically, Conwy, is dealing with it

and its bank failed to exercise ordinary care, the loss can be allocated based on the extent to which each party's failure contributed to the loss.

What's your fraud IQ?

Manslaughter charges were also out of the question, Plattner said, since prosecutors would have to prove "that someone acted more than merely negligently or by failure to use ordinary care," that Christie's mistreatment was "gross and flagrant" and revealed "reckless disregard for human life"; or that his jailers "must have known, or reasonably should have known" that their actions were "likely to cause death or great bodily injury."