Also known as: reasonable precaution · reasonable care
Written by attorneys · grounded in primary & secondary sources — see below
Conduct that a reasonably prudent person would take under the circumstances to avoid creating an unreasonable risk of harm or to preserve rights in property or instruments.
Rosa Ruiz leased an office suite from Riverfront Developments. The landlord promised in the lease to maintain the central heating plant. After the janitor's error allowed scalding water into the cold tap, a patient of the tenant dentist suffered burns. The landlord's failure to inspect the system after the repair work left the property in a dangerous state.
Renata Russo hired an independent contractor to service the loading dock at her warehouse. After the contractor finished, Russo did not inspect the hydraulic lift. A delivery driver later fell through a gap the contractor had left unrepaired. The gap created an unreasonable risk that a post-completion inspection would have revealed.
Select any source to read its text and confirm it supports the definition.
Ravi Reddy received a shipment of perishable produce he later rejected for nonconformity. Reddy kept the crates in a climate-controlled storage unit for ten days while notifying the seller of the rejection. The produce remained identifiable and undamaged, allowing the seller to retrieve it without further loss.
Renee Rogers served as trustee of a family trust holding commercial real estate. She reviewed market data and tenant financial statements before renewing a lease that required substantial capital improvements. The review confirmed the renewal aligned with the trust's income-distribution goals and risk tolerance.
Rhea Reynolds held over after her lease expired. Ridgeway Partners, the incoming tenant, changed the locks at midnight while Reynolds's employees were still inside moving equipment. The forcible entry created a risk of physical confrontation and damaged several crates of records.
Ruby Rivera installed motion sensors and floodlights around a remote storage yard after repeated thefts. She placed large reflective signs stating that the area was under electronic surveillance at every entrance. Intruders who ignored the signs triggered visible alarms before entering the fenced enclosure.
A secured party must take steps to preserve both physical custody and legal enforceability. For instruments and chattel paper, this includes maintaining originals, recording assignments, and giving required notices to prior parties. Failure to track or endorse documents that later become unenforceable shows a breach of the duty.
Liability arises only when the disrepair creates an unreasonable risk that the promised repairs would have prevented and the landlord fails to exercise reasonable care in performing the promise. The mere existence of a repair covenant is not enough without proof of unreasonable risk and lack of care.
A trustee may delegate only duties a prudent trustee could properly delegate and must exercise reasonable care in selecting, instructing, and monitoring the agent. The trustee remains responsible for ensuring the delegation itself meets the prudent-person standard.
Self-help is permitted only if accomplished within a reasonable time after termination, without physical harm or reasonable fear of harm to occupants, and with reasonable care to avoid damage to the tenant's property. Any agreement waiving these limits is void.
…which a court deems unrelated to an issue of public or general interest may be held liable in damages even if it took every reasonable precaution to ensure the accuracy of its assertions. And liability may far exceed compensation for any actual injury to the plaintiff, for the jury may be permitted to presume damages without proof of…