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单词 duty of care
释义

duty 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.

duty 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.
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