duty of care

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Related to ordinary care: Standard of care

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.
References in periodicals archive ?
The court looked at the general rule in California, that "[a]ll persons are required to use ordinary care to prevent others being injured as the result of their conduct." (41) The court then reasoned that
Since 1939, negligence law has been codified broadly: "Every person is responsible for injury to the person, property, or rights of another caused by his willful acts or caused by his want of ordinary care or skill, subject in the latter cases to the defense of contributory negligence." (125) Thereafter, the South Dakota Supreme Court limited the statute's application when it stated that "[South Dakota Codified Law section 20-9-1] simply recognizes the right of injured persons to recover from wrongdoers who fail to exercise ordinary care.
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. (40)
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." Accordingly, the appellate court concluded that as an insurance producer, Lessaris owed the plaintiffs a duty of care in procuring insurance coverage for them.
ordinary care, a less stringent standard of conduct.
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:
Iraqi diplomat has appreciated the program and paid tribute to MD Bait-Ul-Mal Zamurd Khan's efforts on providing extra ordinary care to children in Sweet Homes, taking keen interest in the program he assured all possible cooperation for the extension of the programme.
Under each of these theories of recovery, the employer's liability rests upon proof that the employer knew or, through the exercise of ordinary care, should have known that the employee's conduct would subject third parties to an unreasonable risk of harm.
Key Assets disability services have been designed in partnership with young people, families and professionals to meet the complex and ordinary care needs of children and young people in Western Australia.
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""