Standard of care: Overview, definition and example
What is standard of care?
The standard of care refers to the level of responsibility or attention that a reasonable person or business must exercise when performing a task, especially in a contract. It ensures that parties meet a minimum expectation of quality and diligence. This standard is often used to judge whether someone has been negligent or failed to meet their obligations.
Why is the standard of care important?
The standard of care is important because it sets clear expectations for how parties should perform their duties. It helps avoid mistakes, reduces the risk of disputes, and provides a benchmark for determining if a party acted negligently. Having a clear standard of care can protect both sides in a contract, as it outlines how responsibilities should be met.
Understanding standard of care through an example
Imagine a software company, CodeFast, that signs a contract to develop a custom app for a client. The contract specifies that CodeFast must meet the industry standard for app security. If CodeFast doesn’t implement necessary security measures and the app is hacked, they would be in breach for not meeting the standard of care.
In another example, a consultant agrees to advise a business on a marketing strategy, promising to deliver insights based on the best practices in the field. If the consultant gives outdated or subpar advice, the business might claim that the consultant failed to meet the standard of care required.
Example of a standard of care clause
Here’s how a standard of care clause might look in a contract:
“The Service Provider will perform all services under this agreement with the level of care, skill, and diligence expected from a professional in this field.”
Conclusion
The standard of care defines the level of performance expected in a contract. It ensures that parties understand their responsibilities and avoid negligence. By including a clear standard of care in agreements, businesses can protect themselves and make sure their duties are carried out properly.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.