Also known as: reasonable care · due care
Written by attorneys · grounded in primary & secondary sources — see below
A standard of conduct requiring a person to act with the degree of care that a reasonably prudent person would exercise under similar circumstances.
Greenfield Development hired Maya to assess wetlands for a project. Maya performed only a brief spring visit and missed protected habitats that a careful consultant with her training would have identified through multi-season work. Construction halted after objections, and the resulting delay caused Greenfield loss.
L leased an office to dentist T and supplied hot and cold water. L's janitor carelessly allowed hot water into the cold pipe. Patient C suffered burns when using the sink, and L's failure to inspect after the repair left the condition uncorrected.
Select any source to read its text and confirm it supports the definition.
Overland Transport hired an independent contractor to repair loading docks. After the work, a dock plate remained loose. A driver for Odyssey Logistics stepped on it and fell, suffering injury because Overland did not inspect the area as a prudent owner would.
Orbit Communications produced a radio that reached consumer Otis Olsen through a retailer. A wiring defect caused a shock. Olsen sued the manufacturer even without direct purchase, and the absence of privity did not shield the maker from its duty to foreseeable users.
Odilia Okamura received nonconforming produce from Orchard Farms and rejected it after inspection. She stored the crates in a cool area for several days while awaiting pickup. The produce remained in good condition because she exercised the care a reasonable merchant would use.
Odessa Okada served as trustee for a family trust holding commercial real estate. She reviewed market reports and tenant financials before renewing a lease. The renewal preserved value because she applied the caution a prudent person would use given the trust's distribution needs.
Ordinary care is the degree of caution a reasonably prudent person would exercise under the circumstances. Gross negligence involves a much greater departure from that standard, often showing reckless disregard rather than mere failure to meet the prudent-person benchmark.
Yes. An agent or professional must meet the standard of a person with ordinary experience and intelligence plus the additional knowledge the actor would have if using due care given the expertise the actor actually possesses or claims to have.
Parties may agree to different standards provided the change is not manifestly unreasonable and does not disclaim the duty of good faith or ordinary care itself. Courts enforce such agreements only when they supply a workable, non-unreasonable measure of the required conduct.
…of warranty against defective parts or workmanship which caused personal injuries would entitle a buyer to damages even if due care were used in the manufacturing process. Because of the great potential for harm if the vehicle was defective, that right is the most important and fundamental one arising from the…