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Duty of Care is counted as a new and independent basis in civil liability that originates in French legal system. At first, this theory was addressed in transportation contracts domain and gradually it finds its way in the judicial precedents and other forms of contracts like labor contracts so far that it can be said that today Duty of care  is not limited to the legal activities and contracts but also it can be applicable in Torts.the only defenses in regard to Duty of care as one the basis of the strict liability is force majeure and lack of fault cannot result to reduction of the undertaker's liability. Because of the necessity of human healthcare as on the the most important human rights, duty of care analysis in Medical obligation Domain is more than ever necessary. So duty of care as the physician's obligation rule on treatment contracts regardless of any contractual compromise or the parties lack of knowledge about its existence. Duty of care implies that medical treatment should be without any implication of harm to the patient. It should be said that physician's obligation is obligation to means and this has no effects on duty of care theory. Because duty of care only means the no physicians should bring in no unnecessary harms to patient and nothing more.

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A breach of a contractual obligation can not only cause damage to an obligor but also cause damage to third parties. The damage resulting from breach of contractual obligations is mainly material or moral for which a contracting party can claim within the framework of contractual civil liability and a third party can claim in the realm of non-contractual civil liability. However, today there are also other types called pure economic losses have no material origin (property or body) and may cause by a third party or contracting party due to intentional or negligent breach of a contractual obligation by the obligor. In this type of loss, the liability of obligor toward obligee is less questionable but the liability of the obligor to a third party for these damages is discussed in legal regimes. In British Law, the liability of the contractor against a third party is exceptional while in Iranian law there is no general rule allowing a third party to sue contractual party for a breach of contract, however, the general duty of the contractual obligor to take care of the third party in the direction of the principle which can be invoked in the contract, and also the rules of civil liability, protect the legal rights of the injured party. It seems that despite the lack of an explicit text, its design is not far from the mind, this is what will be comparatively expressed in this article based on an inspiration of the provisions of British law.