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:
“Christianity has operated with an unmitigated arrogance and cruelty—necessarily, since a religion ordinarily imposes on those who have discovered the true faith the spiritual duty of liberating the infidels.”
—James Baldwin (1924–1987)
“It is seldom very hard to do one’s duty when one knows what it is, but it is often exceedingly difficult to find this out.”
—Samuel Butler (1835–1902)
“Coming together again after a long day apart can be an experience where joy, relief, anger, and fatigue are all present in different degrees both for the parent and for the child. Because of their importance in marking the resumption of direct contact, reunions deserve as much attention and care as separations to enhance the relationship between parent and child.”
—Alicia F. Lieberman (20th century)