Contract Glossary
Duty of Care
Definition
A legal obligation to act with reasonable care to avoid causing harm to others. In contracts, a duty of care clause defines the standard of care one party must exercise when performing their obligations. Fall below that standard, and you're liable.
In Practice
A consultant hired to advise on cybersecurity has a duty of care to provide competent advice based on current industry standards. If they recommend outdated security protocols and you get hacked, they breached their duty of care. The standard isn't perfection, it's what a reasonable professional in the same field would do.
Common in these contract types
Related contract clauses
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