Define: Assumed Duty Of Care

An assumed duty of care refers to a legal obligation imposed on an individual or entity who voluntarily assumes responsibility for the safety or well-being of another person, creating a duty to act with reasonable care to prevent foreseeable harm.

An assumed duty of care is voluntarily undertaken by the defendant, whereas a duty imposed by law arises from specific relationships or circumstances prescribed by statutes, regulations, or legal precedents.

Common examples include:

• Assuming responsibility for the safety of a guest or customer on one’s property.
• Providing medical assistance or first aid to an injured person.
• Offering advice or guidance that is relied upon by another party.

Yes, an assumed duty of care can be established implicitly through actions, conduct, or circumstances indicating an intent to assume responsibility, or explicitly through verbal or written agreements.

The scope of an assumed duty of care is determined by factors such as the nature of the relationship between the parties, the foreseeability of harm, the extent of control or supervision exercised, and any express or implied agreements or representations made.

Yes, an assumed duty of care can be revoked or terminated if the responsible party clearly communicates their intent to relinquish responsibility or if circumstances change, making it unreasonable to continue assuming the duty.

Individuals with an assumed duty of care are generally held to the standard of care expected of a reasonable person under similar circumstances, which may vary depending on the nature of the relationship and the specific duties assumed.

Breaching an assumed duty of care may result in liability for negligence if the breach causes foreseeable harm or injury to another person, leading to potential legal claims for damages or compensation.

Yes, if someone voluntarily assumes a duty of care but fails to fulfil it, they may be held liable for negligence if their failure to act with reasonable care causes harm or injury to another person.