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Due diligence / Duty of care

English translation: Similar though not exactly the same

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20:20 Oct 24, 2001
English to English translations [PRO]
Law/Patents
English term or phrase: Due diligence / Duty of care
Are the two terms above equivalent?

The company has built up an excellent reputation for delivering quality management solutions for their clients, whilst ensuring that duty of care environmental responsibilities are met. Thank you!
Jesús Paredes
Local time: 22:49
English translation:Similar though not exactly the same
Explanation:
Due diligence is a legal term mostly used in the business world and it usually means that a party (a company) is expected to take certain steps to verify the other parties' solvency and good faith (thus due diligence is actually a process).
Duty of care is a concept, it sets the legal limits of liability.

Selected response from:

Yuri Geifman
Canada
Local time: 21:49
Grading comment
Thank you both for helping me! Yuri, Thank you for the great references provided. I can see that IN THIS CASE, the words "duty of care" might be replaced by "reasonable practicable".
4 KudoZ points were awarded for this answer

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Summary of answers provided
5Due Diligence vs Duty of CareTatiana Neroni
4 +1Similar though not exactly the same
Yuri Geifman
5addition
Kemal Mustajbegovic
5not quite
Kemal Mustajbegovic


  

Answers


39 mins   confidence: Answerer confidence 5/5
not quite


Explanation:
The phrase "duty of care" doesn't quite fit, doesn't make much sense to the sentence you offered.

I suggest for the sentence to go like this: "...whilst diligently ensuring that environmental responsibilities are met."

"Duty of care" can be applied, for e.g., to teachers in relation to students - teachers have duty of care.


Kemal Mustajbegovic
Local time: 10:49
Native speaker of: Croatian
PRO pts in pair: 12
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1 hr   confidence: Answerer confidence 5/5
addition


Explanation:
After consultations with business-law expert I,ve come up with a solution - instead of "duty of care" you can use "due diligence" which means that a research has been done to come up with something.

E.g. I can propose you the answer due diligence.

"Duty of care" refers to certain regulations/obligations and it can be "legal duty of care", "moral duty of care"...

Sorry for rushing. I hope this helps.

Regards!

Kemal Mustajbegovic
Local time: 10:49
Native speaker of: Croatian
PRO pts in pair: 12
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Similar though not exactly the same


Explanation:
Due diligence is a legal term mostly used in the business world and it usually means that a party (a company) is expected to take certain steps to verify the other parties' solvency and good faith (thus due diligence is actually a process).
Duty of care is a concept, it sets the legal limits of liability.




    Reference: http://www.401kduediligence.com/
    Reference: http://www.nohsc.gov.au/OHSLegalObligations/DutyOfCare/dutyc...
Yuri Geifman
Canada
Local time: 21:49
Native speaker of: Native in RussianRussian, Native in EnglishEnglish
PRO pts in pair: 32
Grading comment
Thank you both for helping me! Yuri, Thank you for the great references provided. I can see that IN THIS CASE, the words "duty of care" might be replaced by "reasonable practicable".

Peer comments on this answer (and responses from the answerer)
agree  Tatiana Neroni: Absolutely correct.
120 days
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121 days   confidence: Answerer confidence 5/5
Due Diligence vs Duty of Care


Explanation:
I absolutely agree with the definitions Yuri has given, just an addition.

Duty of Care is, as was stated above, a legal term outlining the scopes of legal liability (in negligence lawsuits).

Negligence is found when, among other things, this duty of care is breached.

Duty of care is not a statutorily set of elements, but a standard of "reasonable care" which will be inferred from the Defendant's actions at the jury trial.

Due Diligence - this set of measures the company went through to verify certain things for a certain project - can be used by the court as an EVIDENCE of meeting or breaching duty of care, although as a non-conclusive evidence.

In the above context one needs more context to judge if this is what was meant or if it was a mistake and Due Diligence may be substituted for Duty of Care.

If understood as stated, the phrase says essentially that the company did everything it might have done to protect itself against possible environmental negligence lawsuits. In this the company is NOT correct (it's just a "sales puff"). No matter what it does, to how many regulations it strictly adheres, it still can be found in breach of the duty of care. It's only for the jury to decide if the duty of care was met.

Tatiana Neroni
PRO pts in pair: 20
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