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Simple English definitions for legal terms
breach of duty
Read a random definition: statutory presumption
A quick definition of breach of duty:
Breach of duty refers to when someone fails to do what they are supposed to do, either because they didn't know they were supposed to do it or because they didn't care. This can happen when someone has a legal or moral obligation to do something, but they don't follow through. Breach of duty can lead to negligence, which is when someone doesn't take enough care and causes harm to someone else. Negligence can be accidental or intentional, but it always involves not taking enough care to prevent harm.A more thorough explanation:
Breach of duty refers to the violation of a legal or moral obligation, which can include a fiduciary's failure to fulfill their obligation to another party. This is often seen in cases of negligence, which is the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation.
For example, if a doctor fails to provide adequate care to a patient, resulting in harm or injury, they may be found to have breached their duty of care. Similarly, if a company fails to provide a safe working environment for their employees, they may be found to have breached their duty of care.
In legal terms, breach of duty is one of the elements required to prove a tort of negligence. The other elements include duty, causation, and damages.