20:20 Oct 24, 2001 |
English language (monolingual) [PRO] Law/Patents | |||||||
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| Selected response from: Yuri Geifman Canada Local time: 20:35 | ||||||
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SUMMARY OF ALL EXPLANATIONS PROVIDED | ||||
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5 | not quite |
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5 | addition |
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4 +1 | Similar though not exactly the same |
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5 | Due Diligence vs Duty of Care |
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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. |
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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! |
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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... |
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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. |
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