ordinary care

A standard for the determination of negligence; the degree of diligence which one must observe in the performance of his common-law duty to use care to prevent injury to others. A relative standard; due care according to the circumstances of the case. 38 Am J1st Negl § 29. That degree of care that a man of ordinary prudence would exercise under the same or similar circumstances with reference to his own property. Smith v Maher, 84 Okla 49, 202 P 321, 23 ALR 270. In reference to pedestrians: such care as persons of ordinary prudence and care, in driving and managing automobiles in the streets of a city, are accustomed to exercise and observe for the protection of persons traveling in the streets. Cincinnati Traction Co. v Harrison, 24 Ohio CCNS 1, 44 Ohio CC 435. As required of an officer or director of a corporation:–such care as a man of common prudence would take of his own affairs; more realistically, such care as a prudent man should exercise in like circumstances, not necessarily the care which such a person would show in the conduct of his own affairs of a similar kind. 19 Am J2d Corp § 1277. As required of a bailee:–such care as ordinarily prudent men, as a class, would exercise in caring for their own property under like circumstances, or, as it is sometimes expressed, when applied to bailees who make a business of keeping property for hire, that degree of care and diligence which may reasonably be expected from ordinarily prudent persons under similar circumstances, or that which capable and reasonably prudent persons engaged in the same business, and experienced and faithful in the particular department are accustomed to exercise when in the discharge of their duties. 8 Am J2d Bailm § 207.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • ordinary care — n 1: due care 2: conformity to the reasonable business standards that prevail in a particular area for a particular business Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • ordinary care — noun the care that a reasonable man would exercise under the circumstances; the standard for determining legal duty • Syn: ↑due care, ↑reasonable care • Hypernyms: ↑care, ↑charge, ↑tutelage, ↑guardianship * * * …   Useful english dictionary

  • want of ordinary care — The failure to exercise ordinary care. See ordinary care …   Ballentine's law dictionary

  • ordinary — or·di·nary adj: of a kind to be expected from the average person or in the normal course of events; broadly: of a common kind or degree an ordinary proceeding compare extraordinary Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • care — n 1: watchful or protective attention, caution, concern, prudence, or regard usu. towards an action or situation; esp: due care a person has a duty to use care in dealing with others, and failure to do so is negligence R. I. Mehr see also due… …   Law dictionary

  • ordinary — 1. noun At common law, one who had exempt and immediate jurisdiction in causes ecclesiastical. Also a bishop; and an archbishop is the ordinary of the whole province, to visit and receive appeals from inferior jurisdictions. Also a commissary or… …   Black's law dictionary

  • Ordinary and extraordinary care — Some bioethical theories, including the teaching of the Catholic Church, distinguish ordinary and extraordinary care.[1] Ordinary care is always obligatory. Extraordinary care is care whose provision involves a disproportionately great burden on… …   Wikipedia

  • care — Watchful attention; concern; custody; diligence; discretion; caution; opposite of negligence or carelessness; prudence; regard; preservation; security; support; vigilance. To be concerned with, and to attend to, the needs of oneself or another.… …   Black's law dictionary

  • ordinary negligence — The failure to exercise such care as the great mass of mankind ordinarily exercises under the same or similar circumstances. 38 Am J1st Negl § 46. The want of exercise of ordinary care. See ordinary care …   Ballentine's law dictionary

  • ordinary negligence — noun : a failure to exercise or an absence of such care and diligence as a person of ordinary care, precaution, and diligence would exercise under the same or similar circumstances that is one of the three degrees of negligence recognized both at …   Useful english dictionary

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