Executive Summary

Duties of care form the backbone of all responsible social, professional, and institutional conduct. They delineate when individuals or organizations must act prudently to prevent harm to others. Across legal systems, ethical theory, biblical moral reasoning, and organizational governance, duties of care clarify expectations, reduce ambiguity, allocate accountability, and create conditions of trust.

This white paper examines who owes duties of care, under what circumstances such duties arise, the typologies of duty-bearing relationships, how duty emerges from proximity, role, reliance, or foreseeability, and why understanding duty of care is essential for legal risk mitigation, ethical governance, and healthy communities.

1. Introduction: The Nature and Significance of Duty of Care

A duty of care is a recognized obligation to act with reasonable caution to prevent foreseeable harm to others. It is:

Legal (tort law, contract law, fiduciary obligations) Ethical (moral philosophy, workplace ethics, professional standards) Biblically rooted (“Am I my brother’s keeper?” – Genesis 4:9; stewardship mandates) Practical (risk management, organizational governance)

Duty of care matters because it defines:

The boundaries of legitimate action and inaction Reasons for liability Expectations of responsibility The moral fabric of social and institutional life

Understanding who has which duties prevents confusion, blame-shifting, negligence, and institutional collapse.

2. The Foundations of Duty of Care

2.1 Legal Foundations

Modern legal frameworks derive duties of care from:

Common law negligence (foreseeability, proximity, reasonableness) Statutory duties (child protection laws, elder care acts, workplace safety) Contractual obligations (explicit duties defined by agreement) Fiduciary duties (trustees, officers, clergy, guardians)

2.2 Ethical Foundations

Ethical principles assert duty where:

One party has superior knowledge or expertise Another party is vulnerable or reliant The relationship inherently implies care, guidance, or protection

2.3 Biblical Foundations

Biblicist reasoning frames duty as:

Stewardship: one must act responsibly with whatever authority or power God grants (Luke 12:48) Neighbor-love: proactive responsibility toward others (Luke 10:25–37) Leadership accountability: shepherd imagery (Ezekiel 34; John 10) Warnings against negligence: failure to build a parapet on a roof (Deut. 22:8)

3. When Duties of Care Arise: Four Primary Conditions

Across legal, ethical, and biblical frameworks, duties of care appear when four core conditions exist.

**3.1 Condition 1: Role or Authority

A person who holds a position of responsibility owes duties because their role grants power.

Examples:

Parents to children Teachers to students Pastors to congregants Employers to employees Officers to shareholders Drivers to other road users

Authority creates asymmetry and expectation.

**3.2 Condition 2: Proximity and Relationship

Close relationships—physical, relational, temporal—activate responsibility.

Examples:

Property owners toward invitees Landlords toward tenants Hosts toward guests Healthcare providers toward patients

Proximity increases foreseeability of harm.

**3.3 Condition 3: Assumption of Responsibility or Reliance

When others rely on you, a duty arises.

Examples:

A volunteer lifeguard starting CPR A neighbor promising to watch a child A church member offering counsel An advisor giving financial guidance

Reliance creates moral and legal expectations.

**3.4 Condition 4: Foreseeability of Harm

If harm is predictable, a duty often exists.

Examples:

Leaving icy sidewalks untreated Allowing unsafe behavior during church events Providing incorrect or misleading advice Ignoring warning signs in high-risk contexts

Foreseeability remains a universal standard.

4. Typology of Duty-Bearing Relationships

4.1 Personal Duties of Care

Parents to children Spouses to each other Adult children to elderly parents (biblically emphasized) Mentors to mentees

Characteristics: intimate proximity, relational trust.

4.2 Professional Duties of Care

4.2.1 Medical

Physicians, nurses, therapists carry heightened duties due to expertise and vulnerability.

4.2.2 Legal

Attorneys owe loyalty, confidentiality, competence, and diligence.

4.2.3 Clergy and Pastoral

Pastors owe duties of:

Spiritual safety Confidentiality (within boundaries) Non-harmful counsel Protection of the vulnerable

4.2.4 Engineers, Architects, Builders

Design errors kill. Therefore professional standards impose strict duties.

4.2.5 Teachers and Educators

Responsible for safety, instruction, and discipline.

4.3 Institutional and Organizational Duties

Churches toward congregants Schools toward students Corporations toward employees Nonprofits toward beneficiaries Governments toward citizens Boards toward stakeholders

Institutions carry structural and systemic duties.

4.4 Fiduciary Duties

Highest standards of loyalty and prudence.

Examples:

Trustees Corporate officers Financial advisors Guardians

Failure here is often catastrophic.

5. Situational Duties of Care

Certain contexts automatically heighten obligation.

5.1 High-Risk Environments

Construction sites Hospitals Transportation systems Youth ministries and camps Counseling sessions Financial advice settings

Risk increases expectation.

5.2 Vulnerable Populations

Children Elderly Disabled individuals New converts People in emotional crisis

Vulnerability amplifies duty.

5.3 Imbalanced Relationships

When one party holds more knowledge, power, or influence, their duty rises.

Examples:

Teacher/student Pastor/seeker Boss/employee Expert/layperson

Misuse of influence becomes actionable.

5.4 Digital and Media Environments

Modern expansions:

Platforms moderating harmful content AI developers disclaiming hallucinations Publishers fact-checking Influencers avoiding harmful misinformation

Technological environments create new duty categories.

6. Why Duties of Care Matter

6.1 Prevention of Harm

Duty of care serves as a proactive barrier against injury, trauma, abuse, and loss.

6.2 Clarity in Conflicts

Many conflicts escalate because expectations are unspoken. Duty frameworks clarify:

Who should have done what Who bears moral or legal responsibility What reasonable behavior looks like

6.3 Protection for the Vulnerable

Duties of care shield those least able to self-protect.

6.4 Legal Liability and Risk Mitigation

Organizations that fail to articulate duties:

Face lawsuits Create unsafe environments Lose trust Suffer reputational collapse

Clear duties reduce exposure.

6.5 Ethical Integrity

Knowing and honoring duty fosters:

Accountability Trust Moral witness Justice

6.6 Biblical Faithfulness

Biblicist ethics treat duty of care as a manifestation of righteousness.

Negligence is sin (Deut. 22:8) Leaders are accountable (James 3:1) Love requires action (1 John 3:17–18)

Duties of care reflect covenantal responsibilities.

7. Failure of Duty of Care: Typology of Breaches

7.1 Nonfeasance

Failure to act when one should.

Examples:

Ignoring misconduct Not intervening in bullying Failing to provide required warnings

7.2 Misfeasance

Acting but doing so carelessly.

Examples:

Providing sloppy pastoral advice Performing a task incompetently Mishandling data

7.3 Malfeasance

Intentional wrongdoing.

Examples:

Abuse of authority Exploitation Fraud Deception

7.4 Institutional Breaches

Lack of policies Poor supervision Inadequate training Culture of silence

Many scandals arise not from individual sin but systemic neglect.

8. Assessing Who Holds Duty in a Given Situation

A practical framework for determining whether someone owes a duty:

8.1 The Five-Question Test

Does the person have authority or control? Is the harmed party dependent or vulnerable? Is the relationship one of trust or reliance? Was the harm foreseeable? Would a reasonable person consider precautions obligatory?

If the answer to any two is “yes,” a duty likely exists.

8.2 The “Reasonable Person” Standard

Not perfection—prudence.

8.3 The Biblical Parallel: The Watchman Standard

Ezekiel 33 — if you see danger and remain silent, accountability is yours.

9. Why Understanding Duties of Care is Essential Today

9.1 The Expansion of Complex Institutions

As churches, nonprofits, corporations, and digital platforms grow, their relational webs become more complicated.

9.2 The Rise of Litigation and Liability

Courts expect formal documentation of:

Policies Procedures Training Oversight

Ignorance is not a defense.

9.3 Social Fragmentation and Moral Ambiguity

Clear duties mitigate confusion in:

Family breakdown Church conflict Organizational dysfunction Workforce disputes

9.4 The Need for Accountability in Leadership

Leaders without understood duties become unaccountable and dangerous.

9.5 Biblical Mandates for Justice and Care

Duties of care are a practical outworking of:

Justice Mercy Covenant fidelity Neighbor-love

10. Recommendations

10.1 For Individuals

Learn the duties attached to your roles Avoid ambiguous agreements Document commitments Implement prudent safeguards

10.2 For Families

Clarify expectations (especially with adult children) Communicate responsibilities Support aging members responsibly

10.3 For Churches

Define pastoral and congregational duties Train leaders in boundaries Establish mandatory reporting protocols Document counseling policies

10.4 For Organizations

Create clear job descriptions Perform risk assessments Implement safety protocols Conduct regular training Audit compliance

10.5 For Boards

Clarify fiduciary obligations Maintain oversight structures Evaluate risk exposure regularly

11. Conclusion

Duties of care form the unseen scaffolding that holds families, churches, businesses, and societies together. They emerge from authority, proximity, reliance, and foreseeability—and they matter because they prevent harm, allocate responsibility, uphold justice, and embody moral integrity.

Understanding who holds which duties is not merely a legal formality; it is an expression of covenantal faithfulness, ethical leadership, and prudent stewardship.