# Duty of care Source: https://contracko.com/glossary/duty-of-care # Duty of care The obligation to act with the prudence and diligence that may reasonably be expected. ## Definition A duty of care is the legal obligation to take reasonable care to avoid causing foreseeable harm to others or to their interests. In Dutch law it is context-dependent: it may flow from a contract, from a professional standard, or from the unwritten standards of proper social conduct that underpin tort liability. Breach of a duty of care is a key element of both contractual and tort claims. ## Example > An advisor who fails to warn a client of an obvious risk may breach their professional duty of care. ## Why this is a business risk A duty of care can arise even without a written contract, meaning that advice given informally or services performed without a formal agreement still carry legal obligations. Professionals in advisory roles face heightened exposure because the standard of care is calibrated to their expertise, not the average person's. Breaching a duty of care can lead to tort claims from both contracting parties and third parties who relied on the professional's conduct. ## How to manage it - Document the advice or services you provide and the information available to you at the time, so you can demonstrate that you acted with appropriate care. - Define the scope of your duty contractually: specify what you will and will not advise on, and to whom the advice is addressed. - Maintain professional indemnity insurance calibrated to the scale of losses that could arise if your advice or service causes harm. - Keep up to date with professional standards in your field, as the benchmark for "reasonable care" evolves with practice. ### How Contracko helps Contracko's AI review extracts and summarises the care and diligence obligations recorded in each contract, helping you track what standard of conduct you have committed to across your portfolio. Storing every signed agreement centrally means the agreed scope of your duty is retrievable if a claim arises. ## Legal references - [BW 6:162 Dutch Civil Code: wrongful act Dutch law](https://wetten.overheid.nl/BWBR0005289) Unless marked otherwise, references are to Dutch law (Burgerlijk Wetboek, the Dutch Civil Code); EU instruments such as the GDPR apply across the EU. This is general information, not legal advice. Other jurisdictions treat these concepts differently. Verify the current text and your situation with a qualified lawyer. ## Relevant for [Healthcare](https://contracko.com/industries/healthcare)[Consulting](https://contracko.com/industries/consulting)[Legal Services](https://contracko.com/industries/legal-services)[Engineering & Architecture](https://contracko.com/industries/engineering) ## Related clauses - [Warranties Clause](https://contracko.com/clause-library/warranties) - [Limitation of Liability Clause](https://contracko.com/clause-library/limitation-of-liability) ## Related terms - [Tort (wrongful act)](https://contracko.com/glossary/tort) - [Liability](https://contracko.com/glossary/liability) - [Professional indemnity insurance](https://contracko.com/glossary/professional-indemnity-insurance) ### Never miss a contract deadline again - AI finds renewal and notice dates - Risks and obligations are surfaced automatically - Reminders help you act before dates slip Drop a contract to start PDF, DOCX, PNG, or JPG [Start 7-day trial](https://app.contracko.com/register?appLanguage=en&utm_source=glossary_sidebar&utm_medium=lead_magnet&utm_campaign=glossary_sidebar_contract_upload&content_slug=duty-of-care&content_title=Duty+of+care&cta_placement=glossary_sidebar_cta&source_tool=glossary_sidebar_duty-of-care) GDPR compliant. Encrypted. Never used for AI training. ## Frequently asked questions Common questions about this term. - **Q:** Does a duty of care exist without a contract? **A:** Yes. A duty of care can arise from the unwritten standards of proper social conduct under article 6:162 BW, which means informal advice or services can still carry a legal standard of care even in the absence of a formal agreement. - **Q:** What standard applies to professionals compared with non-professionals? **A:** Professionals are held to the standard of a reasonably competent practitioner in their field. This is higher than the general standard and takes into account the expertise the professional holds out as having. - **Q:** Can a contractual disclaimer remove a duty of care entirely? **A:** Rarely in full. While a contract can define and limit the scope of the duty, it cannot disclaim obligations that arise from statute or overriding public policy. Courts assess such clauses against reasonableness and fairness and may refuse to apply an excessively broad disclaimer. - **Q:** Is there a statutory basis for the duty of care under Dutch law? **A:** The general basis is article 6:162 BW (wrongful act) for non-contractual duties and reasonableness and fairness under 6:248 BW for contractual duties. Sector-specific legislation (for example in financial services and healthcare) imposes additional statutory duties of care. - **Q:** How does a duty of care relate to professional indemnity insurance? **A:** Professional indemnity insurance is designed to cover financial loss arising from a breach of the professional duty of care, whether by error, omission or negligent advice. The policy typically follows the scope of the professional's duty, so understanding that scope is essential to confirm the insurance is adequate. ## See these terms in your own contracts Upload a contract and Contracko pulls out the key terms, dates and obligations, then reminds you before each one matters. [Start 7-day free trial](https://app.contracko.com/register?appLanguage=en) Book demo