Duty of Care

Quick definition

A duty of care is a legal obligation to act reasonably to avoid causing foreseeable harm.

What it means in practice

In many areas of law, governments, companies, and individuals can be held responsible if they act negligently and cause predictable harm. In rights-of-nature frameworks, the concept often shows up as a practical duty: take reasonable steps to avoid foreseeable damage to ecosystems, especially where risks are known.

Why it matters for rights of nature

It reframes environmental protection from an optional policy preference into a responsibility. When nature is recognized as a rights-holder, “reasonable care” can become an enforceable expectation rather than a voluntary best practice.

Related Terms

Balancing of Interests

Balancing of interests means nature’s interests are included and weighed as legally cognizable interests – without assuming nature automatically wins every conflict.

Beneficial Use

Beneficial use is a water-law principle that ties water rights to recognized uses, rather than allowing water to be hoarded.

Cause of Action

A cause of action is the specific legal claim that lets a court hear your case, what law was violated and what the plaintiff is entitled to ask for.

Declaratory Judgment

A declaratory judgment is a court decision that clarifies legal rights and duties, declaring what the law means and how it applies, without necessarily ordering immediate action.

Due Process

Due process is the legal requirement that government actions affecting rights follow fair procedures, and in some contexts, be substantively fair.

Ecological Integrity

Ecological integrity is the health of an ecosystem as a whole: its structure, processes, and ability to recover and thrive over time.

Related updates

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April 9, 2026

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