Greensboro, NC (PressExposure) June 02, 2008 -- Due diligence in civil litigation (also known as due care) is the effort made by an ordinarily prudent or reasonable party to avoid harm to another party. Failure to make this effort may be considered negligence. Learn more about this with the North Carolina premises liability. This is conceptually distinct from investigative due diligence, involving a general obligation to meet a standard of behavior. Quite often a contract will specify that a party is required to provide due diligence.
It is not correct to confuse due care and due diligence. Due care should be spelt out in full as duty of care. It is a legal concept by itself. Duty of care may be very wide, far reaching, and also a grey area subject to argument. Basically, parents owe their infant a duty of care in everything. Visit the North Carolina premises liability for information regarding breach of care.
Fundamentally, a duty of care is a moral duty to care. When legal acknowledgement is extended to this moral obligation, then this duty becomes a legal requirement. Inversely, the legislature sets the duty in the statute
First the duty of care (due care) arises, making it a requirement. In order to fulfill this duty, due diligence is exercised. The flow may be continuous, but these two concepts are different. Learn more about this with the North Carolina premises liability.
When due diligence is called for, then there will be a set of demands to be complied with, depending on the context. For example, before a surgery, what should be done and who should be present in the theatre? After the surgery, what must be done to the patient, equipment, facilities?
As a matter of independent inquiry, whether by a court of law or professional body, the line of investigation is: Is there a duty of care; How is this duty of care imputed; If the duty of care exists, what are the applicable standards; In other words, what due diligence is required? Learn more about this with the North Carolina premises liability.
The last issue is always considered in light of specific circumstances of the case. If brain surgery is involved, the standards are those required of competent brain surgeons. As such, expert opinions are often considered. For more information about due diligence, then visit the North Carolina premises liability.