Breach of Duty

Breach of duty is a legal concept that refers to a failure to meet the standard of care owed by one person to another. In general, a person owes a duty of care to others when his conduct creates a foreseeable risk of harm. The objective standard of care is the standard of conduct that a reasonable person would have followed in similar circumstances.

To determine whether a breach of duty has occurred, courts will ask whether the defendant's conduct fell below the objective standard of care. This involves considering the specific circumstances of the case, including the nature of the risk, the likelihood of harm, and the potential magnitude of harm.

In general, a defendant will be found to have breached his duty of care if his conduct was unreasonable in light of the circumstances. This means that the defendant failed to take reasonable steps to avoid the risk of harm or failed to take reasonable care to prevent harm to others.

The objective standard of care is an important concept in many areas of law, including tort law, negligence law, and professional liability law. It provides a benchmark against which the conduct of individuals and organisations can be evaluated, and helps to ensure that people are held accountable for their actions when they cause harm to others.