Breach of Duty

Pronunciation: BREECH of DOO-tee

Torts › Breach

Definition

The second element of negligence, requiring plaintiff to prove defendant's conduct fell below the applicable standard of care. Breach is measured by the reasonable person standard - what a reasonable person of ordinary prudence would have done under the same or similar circumstances. Defendant's subjective belief about reasonableness is irrelevant. For professionals, breach measured against professional standard of care in the community. Custom and industry practice are evidence of reasonable care but not conclusive.

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:…

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