Question 1

What's the standard for duty of care?

Accepted Answer

What a 'reasonable person' (or 'reasonable professional') would do in the same situation. For professionals like doctors, lawyers, and consultants, the standard is higher — it's what a competent professional in that field would do. You don't have to be perfect, but you can't be careless.

Question 2

Can a contract change the duty of care?

Accepted Answer

Yes. Contracts can raise or lower the standard of care. A contract might specify 'highest professional standard' (raising the bar) or limit care to 'commercially reasonable efforts' (lowering it). You can also disclaim certain aspects of the duty — though disclaiming care for gross negligence typically won't hold up in court.

Question 3

What happens if someone breaches their duty of care?

Accepted Answer

If the breach causes harm, the injured party can sue for negligence and recover damages. You need to prove four things: a duty existed, the duty was breached, the breach caused your harm, and you suffered actual damages. All four elements must be present — a breach without resulting harm won't get you anything in court.

Question 4

Do freelancers owe a duty of care to clients?

Accepted Answer

Yes. When you take on a freelance engagement, you owe a duty to perform the work with reasonable competence. A freelance web developer who builds a site with known security vulnerabilities has breached their duty of care. The standard is what a competent professional in that field would do, not what a beginner might do.

Question 5

How do I protect myself from duty of care claims?

Accepted Answer

Define the scope of your obligations clearly in the contract. Include limitation of liability clauses. Carry professional liability insurance (errors and omissions insurance). Document your decision-making process — if you can show you followed industry standards and made reasonable decisions, duty of care claims are much harder to prove.

Duty of Care

Definition

In Practice

Common in these contract types

Related terms

Frequently asked questions about duty of care

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