In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law which the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed by operation of law between individuals with no current direct relationship (familial or contractual or otherwise), but eventually become related in some manner, as defined by common law (meaning case law).
Duty of care may be considered a formalization of the social contract, the implicit responsibilities held by individuals towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law.
Read more about Duty Of Care: Development of The general Duty of Care, Scope, Responsibility, Measurement
Famous quotes containing the words duty of, duty and/or care:
“The whole duty of man consists in being reasonable and just.... I am reasonable because I know the difference between understanding and not understanding and I am just because I have no opinion about things I I don’t understand.”
—Gertrude Stein (1874–1946)
“Another danger is imminent: A contested result. And we have no such means for its decision as ought to be provided by law. This must be attended to hereafter.... If a contest comes now it may lead to a conflict of arms. I can only try to do my duty to my countrymen in that case. I shall let no personal ambition turn me from the path of duty. Bloodshed and civil war must be averted if possible. If forced to fight, I have no fears from lack of courage or firmness.”
—Rutherford Birchard Hayes (1822–1893)
“It seems that nature, having taken such wise care to fit the organs of our body for our happiness and convenience, gave us also pride, to spare us the pain of knowing our own imperfections.”
—François, Duc De La Rochefoucauld (1613–1680)