What is DUE CARE? Definition of DUE CARE in Black's Law Dictionary – Legal dictionary – Glossary of legal terms.
Just, proper, and sufficient care, so far as the circumstances demand it; the absence of negligence. That care which an ordinarily prudent person would have exercised under the circumstances. "Due care" is care proportioned to any given situation, its surroundings, peculiarities, and hazards. It may and often does require extraordinary care. Tower v. Camp, 103 Conn. 41, 130 A. 86, 89. "Due care," "reasonable care," and "ordinary care" are convertible terms. Corthell v. Great Atlantic & Pacific Tea Co., 291 Mass. 242, 196 N.E. 850, 851; Sweeney v. Blue Anchor Beverage Co., 325 Pa. 216, 189 A. 231, 234. This term, as usually understood in cases where the gist of the action is the defendant's negligence, implies not only that a party has not been negligent or careless, but that he has been guilty of no violation of law in relation to the subject matter or transaction which constitutes the cause of action.
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