breach of duty

Thân thiện

A lawyer explains a breach of duty to a client in her office.

Definition

Noun: A failure to fulfill a legal or moral obligation, specifically the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation. It is a core concept in the law of negligence.

Usage

This term is primarily used in legal and formal contexts to describe a specific type of legal wrong. It is a key element that must be proven to establish liability in negligence cases.

Examples

• The court found the engineer's failure to inspect the structure constituted a breach of duty.
• A breach of duty by the company's directors led to significant financial losses for the shareholders.
• The plaintiff's lawyer argued that the doctor's misdiagnosis was a clear breach of duty.

Advanced Usage

• "Actionable breach of duty": A failure that is serious enough to give rise to a legal claim for damages.
  • The omission was deemed an actionable breach of duty, allowing the victim to sue.
• "Fundamental breach of duty": A failure so central to a contract or obligation that it undermines its very purpose.
  • The security guard's sleeping on the job was a fundamental breach of duty.

Variants and Related Words

• Breach (noun/verb): A more general term for breaking a law, agreement, or code of conduct.
• Negligence (noun): The broader legal category of failing to take proper care, of which a breach of duty is a required component.
• Dereliction of duty (noun phrase): A willful or negligent failure to perform one's duties, often used in military or official contexts.

Synonyms

• Negligence
• Dereliction
• Failure (to fulfill a duty)
• Nonfeasance (specifically failing to perform a required act)

Antonyms

• Fulfillment of duty
• Discharge of duty
• Due care
• Proper performance

Học thuật

Noun

1. a breach of due care