due care
Defined in 5 dictionaries — Case Law, Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910)
Definitions from Case Law
From 351 U.S. 173 - Hatahley v. United States · 1956Most cited · 825 citing opinions
Due care' implies at least some minimal concern for the rights of others.
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
That degree of care that a reasonable and prudent person would exercise under all the circumstances of the case. 1 111. App. 421.
Ballentine's Law Dictionary
James A. Ballentine · 1916
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
Reasonable care adapted to the circumstances of the case. Butterfield v. Western R. Corp., 10 Allen (Mass.) 532; Baltimore & P. R. Co. v. State, 54 Md. 656. See Bailment; Negligence. DUE COURSE OF 'LAW. This phrase is synonymous with "due process of law," or "the law of the land," and means law in its regular course of administration through courts of justice. Kansas Pac. Ry. Co. v. Dunmeyer, 19 Kan. 542. But see Due Process of Law.
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
Just, proper, and sufficient care, so far as the circumstances demand it; the absence of negligence. This term, as usually understood in cases where the gist of the action is the defendant's negligence, implies not only that a party has not been negligent or careless, but that he has been guilty of no violation of law in relation to the subj'ect-matter or transaction which constitutes the cause of action. Evidence that a party is guilty of a violation of law supports the issue of a want of proper care ; nor can it be doubted that in these and similar actions the averment in the declaration of the use of due care and the denial of it in the answer, properly and distinctly put in issue the legality of the conduct of the party as contributing to the accident or injury which forms the groundwork of the action , No specific averment of the particular unlawful act which caused or contributed to produce the result complained of should, in such cases, be deemed necessary. See Ryan v. Bristol, 63 Conn. 26, 27 Atl. 309 ; Paden v. Van Blarcom, 100 Mo. App 185, 74 S. W. 124; Joyner v. Railway Co.., 26 S. C. 49, 1 S. E. 52; Nicholas v. Peck, 21 R. I. 404, 43 Atl 1038; Railroad Co. v. Yorty, 158 III. 321, 42 N. E 64Schmidt v. Sinnott, 103 111. 165; Butterfield v. Western R. Corp., 10 Allen (Mass.) 532, 87 Am. Dec. 678; Jones v. Andover, 10 Allen (Mass.) 20
Defined under Due in Black's Law Dictionary.