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Duty of care is a legal term that describes the expected standard of behavior for individuals or organizations in various situations. Laws hold people accountable for unreasonable actions, and due diligence is encouraged to prevent harm. The relationship between parties and their roles influence expectations, and professionals can be sued for malpractice. Duty of care can also apply to companies and environmental standards. Consequences for breaching duty of care usually involve paying damages or professional repercussions.
Duty of care is a legal term used to describe a standard of behavior that is expected of a person or organization. Such standards generally vary according to the individuals’ roles in a given relationship, but this term can apply to standards in a wide range of situations. There are often laws that hold people accountable for actions that are considered unreasonable given the situation. The principle that underpins due diligence is generally sensitivity.
Companies that allow due diligence legal remedies generally do so with the intention of discouraging recklessness and intentional harm or suffering. In these societies people are expected to act sensibly when dealing with other people. Typically, when a person argues that another party has violated this standard, a court decides based on how more reasonable individuals would have acted under the same circumstances.
The relationship between the two parties is important because how one party treats the other is influenced by their roles. For example, if a man knows his wife is hurt, he is expected to act differently than a stranger would if the stranger knows that the same woman is hurt. In some societies, duties are imposed on strangers in situations like this. In other cultures, however, a person is not obligated to assist a stranger even if he knows that the stranger’s situation could be life-threatening.
Expectations about how a person should act are also influenced when the relationship that exists between two parties is professional. When a professional, such as a doctor or lawyer, is accused of breaching his duty of care, he can be sued for malpractice. A doctor, for example, has a duty to treat his patients with the competence and efficiency of his peers. If he does not do so, and his actions cause him harm, he may be held guilty for his failure to fulfill his responsibilities towards him.
Such standards may exist in situations other than those involving two individuals. It may be found that one company has neglected its duty to another company, for example, or that one party has violated standards of care related to things like animals or the environment.
Because duty of care is generally a civil tort, a person usually isn’t sent to jail if a court finds that he or she hasn’t acted sensibly. In many cases, the consequences involve the payment of damages. There could also be professional repercussions, such as loss of license or forced closure of a business.
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