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Duty of Care, Standard of Care: Evan Granowitz Makes Distinctions
Evan Granowitz, a litigator specializing in torts, makes a clear distinction about the difference between the Duty of Care and the Standard of Care. While both terms are common when it comes to Negligence Torts, one of them is reliant on the other. The Duty of Care is that which is placed upon an individual person as opposed to the Standard of Care, which is defined as the standard by which the duty of care should be taken. It is the standard of care that is often breached and thus falls under the Negligence Tort.
Duty of Care is officially defined as the legal obligation that is placed upon an individual. Evan Granowitz says that this requires him to confirm to a reasonable standard of care while performing an act that can harm an individual in a foreseeable circumstance. It can also be considered as the formalization of social contract, which are the implicit responsibilities that one individual would have to another within moral society.
While Duty of Care is not required to be correctly defined by law, there is often jurisprudence to it in common law. There is no physical or chronological proximity required by Duty of Care either. In context of an example such as the blunt trauma, the duty can be found easily, but there are still certain situations that apply wherein plaintiffs and dependence can be separated by vast distances of space and time, and yet Duty of Care still applies.
Evan Granowitz’ complete profile can be found on his page at www.wolfgroupla.com.
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