Common use of Duty of Care and the Business Judgement Rule Clause in Contracts

Duty of Care and the Business Judgement Rule. Just as officers and directors of corporations owe a duty to their shareholders, the Manager is required to perform its duties with care, skill, diligence, and prudence of like persons in like positions. The Manager will be required to make decisions employing the diligence, care, and skill an ordinary prudent person would exercise in the management of their own affairs. The business judgement rule should be the standard applied when determining what constitutes care, skill, diligence, and prudence of like persons in like positions.