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Situations in which a duty of care have previously been held to exist include doctor and patient, manufacturer and consumer, [2] and surveyor and mortgagor. [3] Accordingly, if there is an analogous case on duty of care, the court will simply apply that case to the facts of the new case without asking itself any normative questions. [4]
The first element of negligence is the legal duty of care. This concerns the relationship between the defendant and the claimant, which must be such that there is an obligation upon the defendant to take proper care to avoid causing injury to the plaintiff in all the circumstances of the case.
Medical standards of care exist for many conditions, including diabetes, [3] some cancers, [4] and sexual abuse. [5] Failure to provide patients treatment that meets a standard of care can incur legal liability for any injury or death that results. In large-scale disasters, public authorities may declare crisis standards of care apply. This ...
Fiduciary duties in a financial sense exist to ensure that those who manage other people's money act in their beneficiaries' interests, rather than serving their own interests. A fiduciary duty [5] is the highest standard of care in equity or law.
It is a compound term consisting of two sub-terms: delegate and obligation. To delegate is to "To hand over or assign responsibility to another, such as a subordinate in a business". [3] Obligation is more loosely defined, with several common use and legal definitions. Most broadly, it is "a duty to pay or perform". [4]
The all-important duty of care is found in section 174. Directors must display the care, skill and competence that is reasonable for somebody carrying out the functions of the office, and if a director has any special qualifications an even higher standard will be expected.
Filial responsibility laws (filial support laws, filial piety laws) are laws in the United States that impose a duty, usually upon adult children, for the support of their impoverished parents or other relatives. [1] In some cases the duty is extended to other relatives.
In the usual case, having established that there is a duty of care, the claimant must prove that the defendant failed to do what the reasonable person ("reasonable professional", "reasonable child") would have done in the same situation. If the defendant fails to come up to the standard, this will be a breach of the duty of care.