Breach of Duty

What is Breach of Duty in Tort Law?

Quick Definition

A breach of duty occurs when an individual fails to meet the standard of care required by law, resulting in harm or damage to another person. It is a key component in establishing negligence, alongside duty of care and causation.

In Context

Breach of duty is often assessed by comparing the defendant's actions to those of a "reasonable person" in similar circumstances. For instance, if a doctor fails to diagnose a condition that a competent doctor would have identified, this may constitute a breach. The case of Bolam v Friern Hospital Management Committee (1957) is frequently cited, where the court considered the standard of care expected of medical professionals. In exams, students might be asked to evaluate whether a breach has occurred based on given facts.

See Also

• Duty of Care

• Negligence

• Standard of Care

Learn More

Explore our Tort Law Notes for deeper case law, examples, and revision tips