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Legal Definitions - due consideration

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Definition of due consideration

Due consideration refers to the appropriate and careful attention that should be given to a matter, taking into account all relevant facts, circumstances, and potential impacts. It means thoroughly evaluating a situation or proposal before making a decision or taking action, ensuring that all important aspects have been properly weighed and considered.

  • Example 1: Corporate Decision-Making
    When a company's board of directors is evaluating a proposal to merge with another corporation, they must give due consideration to a wide range of factors. This includes reviewing financial statements, assessing market conditions, analyzing potential legal liabilities, evaluating the impact on employees, and considering the long-term strategic benefits for shareholders. They cannot simply approve the merger without a thorough and diligent examination of all these elements.

  • Example 2: Government Policy Implementation
    A government agency tasked with drafting new environmental regulations must give due consideration to scientific research, economic impacts on industries, public health concerns, and feedback from various stakeholders, including environmental groups and affected businesses. This ensures the regulations are well-informed, balanced, and achieve their intended purpose without creating undue burdens or unforeseen negative consequences.

  • Example 3: Professional Recommendations
    Before an architect finalizes the design for a new public building, they must give due consideration to local zoning laws, building codes, the client's budget, the functional needs of the building's occupants, accessibility requirements for people with disabilities, and the aesthetic impact on the surrounding community. Failing to properly consider any of these aspects could lead to significant problems or legal challenges down the line.

Simple Definition

Due consideration means giving a matter the appropriate level of attention or thought, as merited by its circumstances. In contract law, it also refers to "sufficient consideration," which is the exchange of something of value between parties to form a legally binding agreement.

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