25 nov Ordinary Care Definition Business Law
Proving what ordinary care is is only part of the fight in a tort claim. In addition, it must be proven that the party accused of misconduct breached this standard of ordinary care. More information on these and other injury-related concepts can be found on the other pages of this session. See also pages on Wikipedia. In the discussion of ordinary care, the most important concept is to know what is the source of this duty. In the sense of tort, this source of tax cannot be a contract. If the source of the obligation is a contract, you have a claim for breach. Also called ordinary diligence and due diligence, the standard of care is when a reasonable person would practice in the same or similar circumstances. Regular or adequate care is what is expected of most people in most cases. Failure to exercise due diligence may be negligent. This most often occurs in the context of an obligation due, a breach of an obligation and resulting damage. It is the failure to exercise normal diligence that constitutes negligence. This standard of care is used in tort to determine whether a person has been negligent.
Due diligence may also refer to due diligence under company law. A tort claim is different. Tort damages are also different from contractual damages. The duty of care may result from the Highway Code. In the event of a slip and fall, the source of the obligation may be the state code known as the Property Maintenance Code. This Code may establish standards for the maintenance of property. In the case of a medical procedure, the source of the obligation may be publications published by professional groups that tell surgeons how to perform the procedures. Similarly, there may be industry standards regarding how products are to be manufactured.