It is important to note that to the extent that errors in the courts' application of the negligence rule may be anticipated, the rule may no longer provide the incentive for the individuals to take due care
Essentially, boards had to exercise due care
, act in good faith and in a disinterested manner, and not abuse their discretionary position.
Essentially, boards considering change of control transactions are required to exercise due care
, act in good faith and in a disinterested manner and not abuse their discretionary position.
This "business-judgment rule" consists of three parts: (1) the officers and directors making the decision are "disinterested," (2) they use due care
in making the decision, doing their homework to become familiar with the facts, consulting with experts, if necessary, and making a decision only after assessing the facts, and (3) the decision is made with a reasonable belief that it is in the best interests of the organization and the shareholders.
But the court said that when police take control of a situation, forcing a parent to depend on them to protect a child, they must act with due care
for the child's safety.
For instance, in situations where little evidence about a defendant's actions exists after an accident, it may be less costly for the defendant to prove that he took due care
than it is for the plaintiff to attempt to prove that the defendant did not take due care
1989), the Supreme Court of Florida adopted a corporate standard for hospitals that requires hospitals to exercise due care
in the selection and retention of physicians.
In the wake of the Health Insurance Portability and Accountability Act (HIPAA) and other legislation like Sarbanes Oxley, HealthSouth needed a system that would enable them to easily demonstrate due care
Mr Bell, from Rhoose, appeared in court charged with driving without due care
Found guilty in his absence of driving without due care
and attention after colliding into the rear of a vehicle at a junction, causing it to crash into a bus shelter, in Wallsend on July 23.
A police spokesman said: "Following a voluntary attendance for interview with Lancashire Police, a 44-year-old woman from West Lancashire has been reported for summons for driving without due care
After a formal interview, Cath Burrows, 44, has been summoned by Lancashire Police over driving without due care