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Duty of Care

The duty of care does not refer to acts of mere negligence by a partner. For example, if a partner unintentionally makes a bad business decision, his or her negligence will not necessarily violate the duty of care. On the other hand, the duty of care proscribes gross negligence, recklessness, intentional misconduct, or knowing violation of the law on the part of each of the partners. Though partners cannot waive the duty of care under the RUPA, partners can hold themselves to a higher standard of care, including ordinary negligence.

Inside Duty of Care