duty of care


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duty of care

The legal obligation that a person may be owed by another with whom the person has no formal contractual obligation. The concept of duty of care arose in Donoghue v Stevenson, a common law case decided in 1932 in the House of Lords. In medicine, proof of negligence requires that the allegedly negligent party had undertaken an activity which could reasonably harm the plaintiff and that the defendant owed the injured party a duty of care.

duty of care

The legal and moral obligation to act responsibly and prudently, e.g., to avoid taking actions that one may foresee as being potentially hazardous to others.

duty of care,

n the extent to which a healthcare provider must reasonably ensure that no harm comes to a patient under the provider's care.
References in periodicals archive ?
For New Zealand nurses, the legal application of a duty of care is informed by other legislation including the Health Practitioners Competence Assurance Act 2003 (HPCA) and the New Zealand Nursing Council Registered Nurse Scope of Practice and Competencies.
similar duty of care to the Corporation, and, if so, what was its
Once the plaintiff has proven that a duty of care exists between them and the defendant, the next step is to prove that there was a breach of that duty of care by showing that the defendant didn't act with care and skill and to the required standard.
This case examined a doctor's duty of care towards his patient.
This Article answers the question: If there was no corporation law of fiduciary duty of care and tort law applied instead, what would the legal framework of a director's duty and standard of liability look like?
The duty of care is an almost universal expression with which many practitioners will be familiar.
It was always about establishing the principle that emergency services have a duty of care.
There has long been a duty of care expected between.
My son's death needs to be a reminder that any complacency, a lack of duty of care or cost with regard to a person's safety is unacceptable at any time and on any terms.
So should the greyhound promoters also have a duty of care in not being seen to promote exorbitant lending products to their customers?
There was no doubt that the defendant doctor owed AT a duty of care as his patient.
In so doing, the court made it explicit that veterinarians, as members of professions or trades, owe a duty of care in accordance with section 299A of the restatement (Second) of Torts.