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Legal Definitions - great care

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Definition of great care

Great care refers to an exceptionally high standard of diligence, caution, and prudence that a person or entity is legally obligated to exercise in specific situations. This standard is typically demanded when the potential for harm is severe, when specialized knowledge or skill is required, or when a person holds a position of significant trust or responsibility. It implies a level of attentiveness and foresight that goes beyond what an ordinary reasonable person might demonstrate in less critical circumstances.

  • Example 1 (Medical Professional): A neurosurgeon preparing for a complex brain surgery on a child. The surgeon must demonstrate great care in reviewing the patient's medical history, meticulously planning the procedure, selecting the appropriate instruments, and executing each step with utmost precision to minimize risks to the patient's life and neurological function. This illustrates great care because the situation involves a highly specialized skill, an extremely vulnerable patient, and the potential for irreversible harm, demanding an exceptionally high level of attention and expertise.

  • Example 2 (Fiduciary Duty): A financial advisor managing a multi-million dollar trust fund for an elderly client who is no longer capable of making their own financial decisions. The advisor is expected to exercise great care in making investment choices, safeguarding assets, and ensuring that all transactions align with the client's best interests and the terms of the trust. This demonstrates great care because the advisor holds a fiduciary duty, meaning a legal and ethical obligation to act solely in the client's best interest, and the potential for significant financial loss or exploitation is high.

  • Example 3 (Public Safety and Hazardous Materials): A chemical manufacturing company responsible for storing and transporting highly corrosive and flammable industrial chemicals. The company must exercise great care by implementing stringent safety protocols, regularly inspecting storage facilities, using specialized containers, training personnel extensively in emergency procedures, and adhering strictly to all regulatory guidelines to prevent spills, explosions, or environmental contamination. This exemplifies great care because the nature of the materials poses an extreme risk to public safety and the environment, necessitating extraordinary precautions and vigilance.

Simple Definition

Great care refers to a very high standard of diligence and caution that a person is legally obligated to exercise in specific circumstances. It demands a level of attentiveness and prudence significantly beyond ordinary care, often requiring extreme watchfulness to prevent harm or ensure safety.

If we desire respect for the law, we must first make the law respectable.

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