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care legal definition
noun
- Serious attention, concern, interest, or regard.
- In negligence law, the level of caution and prudence demanded in the conduct of a person in a given situation. The appropriate level is determined by measuring the potential dangers in the particular situation, the risk that the personÂ’s actions might bring the risk to fruition, and the possible ways of minimizing or eliminating the risk. In some situations, the level of care owed is determined by statute. See also reasonable man, malpractice, and negligence.
degree of care
The level of care to be exercised in a particular situation.
due care
- A phrase used to describe the level of care that an ordinarily reasonable, intelligent, and prudent person would use under the same or similar circumstances. For example, “Smith’s failure to exercise due care before the accident constitutes negligence.” Depending upon the seriousness of the particular situation and the known risks, due care may be reasonable care or a higher or lower degree of care.
- See reasonable care.
highest degree of care
The highest degree of care that a very attentive, watchful, and cautious
individual would exercise when dealing with a particular situation. Among other
things, this is the degree of care that trustees and other fiduciaries are
required to exercise when carrying out their fiduciary duties. Also called
extraordinary care and highest degree of care. See also breach.
ordinary care
See reasonable
care.
reasonable care
The degree of care that an ordinarily reasonable, intelligent, and
prudent person utilizing diligence and good judgment would exercise or
reasonably be expected to utilize under similar circumstances. Also called due care and ordinary care.
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