Also known as: recognised duty · recognized duties · recognised duties · duty of care
Written by attorneys · grounded in primary & secondary sources — see below
A legal obligation that the law acknowledges as existing even when ordinary remedies such as damages or specific performance remain unavailable. The obligation can still affect collateral questions such as the reasonableness of reliance or the treatment of funds received under the promise.
Renata Russo stood on a train platform when a package fell and exploded far down the track. The blast caused scales to topple onto her. Because she stood outside the range of reasonably foreseeable risk from the package, the railroad owed her no recognized duty of care and escaped liability for her injuries.
Rita Russell served as a member of a member-managed LLC that owned a fleet of delivery vans. She directed drivers to skip required safety inspections to cut costs, resulting in a serious accident. Her conduct constituted gross negligence and therefore breached the recognized duty of care she owed the company.
Select any source to read its text and confirm it supports the definition.
Regina Robinson and her limited partner drafted an agreement that purported to eliminate all liability for ordinary negligence in managing partnership property. The statute barred any attempt to alter or eliminate the duty of care, so the clause failed and the recognized duty remained enforceable against her.
Roland Rhodes and his partner included a clause in their agreement that eliminated liability for negligent decisions about equipment purchases. The statute prevented alteration or elimination of the duty of care, leaving the recognized duty intact and exposing Rhodes to liability for resulting losses.
Raymond Ramos negligently operated machinery near a group of bystanders in a manner that created an unreasonable risk of fright. One bystander suffered a heart attack solely from the resulting shock. Because the conduct violated a duty designed to protect against emotional disturbance carrying bodily risk, the recognized duty supported liability even though the harm occurred internally.
Ronald Reed met with an attorney for an initial consultation about a potential claim and received advice on filing deadlines. The attorney failed to warn him that the statute of limitations was about to expire. The consultation created a recognized duty of care that the attorney breached by allowing the claim to lapse without follow-up.
An unenforceable contract still reflects an underlying duty of performance that the law recognizes even though damages or specific performance are unavailable. The duty can affect collateral issues such as whether reliance was reasonable or how funds received under the promise should be treated. In contrast, a promise that fails to meet basic formation requirements creates no duty whatsoever.
Yes. An attorney-client relationship and its attendant duties, including the duty of care, can form during an initial consultation when the lawyer gives legal advice and the prospective client reasonably relies on it. The absence of a signed retainer or payment does not prevent the duty from arising.
No. Partnership and limited partnership statutes prohibit agreements that alter or eliminate the duty of care except in narrowly defined circumstances involving good faith that are not present in a blanket waiver. Any attempt to remove the duty entirely is unenforceable, leaving the recognized duty intact.