Duty of Care

Duty of Care

In tort law, (or delict in Scots 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 plaintiff (pursuer in Scotland) must be able to show a duty of care imposed by law which the defendant (or defender) has breached. In turn, breaching a duty may subject an individual to liability in tort or delict. The duty of ...