Due vs. Due Regard to

Attribute	Due	Due Regard to
Definition	Something that is owed or required to be done	Consideration or respect for something or someone
Legal Context	Often used in contracts or agreements	Commonly used in legal proceedings or decision-making
Responsibility	Obligation to fulfill a duty or promise	Requirement to take into account certain factors or considerations
Application	Can refer to payment deadlines or obligations	Used in legal and ethical contexts to ensure fair treatment

Definition

Due and due regard are two terms that are often used in legal contexts to refer to the level of care or consideration that should be given to a particular matter. Due typically refers to the level of care or attention that is required by law or by a contract, while due regard refers to the level of respect or consideration that should be given to a particular person or group.

Legal Context

In legal contexts, due is often used in phrases such as "due process" or "due care," which refer to the level of care or attention that is required by law. Due process, for example, refers to the legal requirement that the government must respect all of the legal rights that are owed to a person, while due care refers to the level of care that a reasonable person would take in a particular situation.

On the other hand, due regard is often used in phrases such as "take due regard of" or "have due regard to," which refer to the level of respect or consideration that should be given to a particular person or group. For example, a judge may be required to take due regard of the interests of a child in a custody case, or a company may be required to have due regard to the health and safety of its employees.

Level of Care

One key difference between due and due regard is the level of care or consideration that is required. Due typically refers to a higher level of care or attention that is required by law or by a contract, while due regard refers to a lower level of respect or consideration that should be given to a particular person or group.

For example, in a negligence case, a defendant may be found liable if they did not exercise due care in a particular situation. This means that they failed to take the level of care that a reasonable person would take in the same circumstances. On the other hand, a company may be found to have failed to have due regard to the health and safety of its employees if it did not take into account their interests when making decisions.

Legal Consequences

Another key difference between due and due regard is the legal consequences of failing to meet the required level of care or consideration. If a person or company fails to exercise due care in a particular situation, they may be found liable for negligence and may be required to pay damages to the injured party.

On the other hand, if a person or company fails to have due regard to the interests of a particular person or group, they may be found to have discriminated against them or breached their legal duties. This could result in legal action being taken against them, such as a discrimination claim or a breach of contract claim.

Conclusion

In conclusion, due and due regard are two terms that are often used in legal contexts to refer to the level of care or consideration that should be given to a particular matter. Due typically refers to the level of care or attention that is required by law or by a contract, while due regard refers to the level of respect or consideration that should be given to a particular person or group.

While due and due regard are similar in some ways, such as both referring to the level of care or consideration that should be given to a particular matter, they also have key differences in terms of the level of care required and the legal consequences of failing to meet that level of care. It is important to understand these differences in order to ensure compliance with legal requirements and to avoid potential legal consequences.