The second element of negligence, established when the defendant's conduct falls below the standard of care required by law. Breach is typically measured by the reasonable person standard - whether the defendant acted as a reasonable person would have acted under the same circumstances.
Related terms
Negligence — A tort based on the defendant's failure to exercise reasonable care, resulting in harm to the plaintiff. Negligence…
Reasonable Person Standard — An objective standard used to determine whether a defendant's conduct breached the duty of care. It asks what…
Duty of Care — A legal obligation to exercise reasonable care to avoid causing harm to others. The duty of care is…
Negligence Per Se — Doctrine establishing that violation of a safety statute constitutes conclusive or presumptive evidence of breach of duty when:…
Custom and Usage — Evidence of industry custom and standard practices relevant to determining breach but not conclusive. Compliance with custom does…
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