Also known as: ordinary diligences · ordinary care · reasonable diligence
Written by attorneys · grounded in primary & secondary sources — see below
An expected level of care or effort that a reasonable person would exercise under the circumstances to fulfill a legal duty or protect an interest. The standard requires timely and appropriate steps to discover relevant facts, give required notices, or manage entrusted matters without demanding extraordinary measures.
Opal Okoro retained Orion Technologies to pursue a contract claim. The firm's lead counsel allowed the statute of limitations to expire without contacting key witnesses or reviewing discovery documents that were readily available. The client sued for malpractice, alleging the firm failed to meet the required standard of care in handling the matter.
After judgment against Oakley Osei in a commercial dispute, a former employee sent internal memos showing the opposing party had withheld critical pricing data. Osei moved for relief under Rule 60(b)(2). The court denied the motion because the memos were stored in a shared drive that Osei's counsel could have accessed with a targeted search before trial.
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Oceanview Properties offered to buy surplus equipment from Omega Energy by shipping the items and inviting acceptance through use. Omega Energy received the shipment but continued using the equipment for six weeks without notifying Oceanview that it rejected the offer. The court held that Omega Energy's failure to give prompt notice constituted acceptance.
The board of a common-interest community learned that several roofs needed immediate replacement to prevent water damage. The board waited nine months to obtain bids and approve funding while assessments accumulated. Unit owners sued, claiming the board breached its duty to manage community property with ordinary care and prudence.
Orion Orlov deposited a check at Olympus Banking. The bank's automated system processed the item without visual review because its procedures did not require examination unless the amount exceeded a set threshold. When the check proved forged, the court measured the bank's conduct against prevailing commercial standards for automated processing.
Otis Olsen offered to pay Owen Ortega a bonus if Ortega completed a software module by a deadline. Ortega finished the module and delivered it but did not notify Olsen of completion. Because Olsen had no other way to learn of the performance promptly, the court held that Ortega's contractual duty was discharged unless he had exercised reasonable diligence to give notice.
Ordinary diligence requires the care a reasonable person would exercise under the circumstances. Professionals such as lawyers or banks may face an elevated standard measured by the reasonable commercial or professional standards prevailing in their field, as illustrated in the Model Rules and UCC definitions.
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A party cannot obtain relief under Rule 60(b)(2) if the evidence could have been found with reasonable diligence before the time to move for a new trial. Courts deny relief when the evidence was stored in accessible locations or could have been uncovered through targeted but ordinary discovery efforts.
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If the offeror has no adequate means of learning of the performance, the offeree must exercise reasonable diligence to notify the offeror or the offeror's duty is discharged. The rule protects the offeror from unknowingly becoming bound when the performance is not readily observable.
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No. A bailee for mutual benefit must use ordinary diligence to protect the bailed property. This standard demands reasonable anti-theft measures under the circumstances but does not impose insurer liability or require precautions beyond what a prudent person would take.
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…defense that depends on the facts of the particular case. Here, there are disputed facts as to whether plaintiff exercised reasonable diligence in searching for the paintings. Those issues must be resolved at trial. The judgment of the Appellate Division is affirmed, and the matter is remanded for further proceedings consistent…