What determines a breach of duty in Tort Law?

In Tort Law, a breach of duty is fundamentally assessed by determining whether a party has failed to meet the standard of care that is expected of them in a particular situation. This standard is generally based on what a reasonable person would do under similar circumstances and serves to establish a baseline for acceptable behavior.

When a defendant does not act in accordance with this standard, it is considered a breach of duty. This can involve acts of commission (doing something harmful) or omission (failing to act when there is a duty to do so). The determination of whether a breach has occurred is a key component in establishing liability, as it demonstrates that the defendant's conduct fell short of the expectations established by law.

While the relationship between the parties, the defendant's awareness of their actions, and the severity of the harm caused are all relevant considerations in a tort claim, the crux of identifying a breach is rooted in the failure to adhere to the accepted standard of care. Thus, the correct understanding of what constitutes a breach of duty directly correlates to the expectation of reasonable conduct rather than the subjective or relational aspects.