Written by attorneys · grounded in primary & secondary sources — see below
A violation of a legal obligation or standard of conduct imposed by law, agreement, or fiduciary relationship. The violation occurs when a party fails to perform an act required to protect another or engages in conduct that falls below the applicable standard.
Sources & Authorities
How it applies
Common Examples
2
Officer Withholds Report of Embezzlement
Brandon Black, an officer at Boreal Energy, learns that an employee has diverted corporate funds. Black believes the diversion is material yet takes no steps to notify the board or any superior officer. The failure to report constitutes a breach of duty that exposes Black to liability for resulting corporate losses.
Personal Representative Skips Notice
Barbara Bennett is appointed personal representative of an estate. She receives the appointment on March 1 but mails no information about the appointment to the heirs whose addresses are reasonably available. The omission is a breach of duty to those heirs even though it leaves the appointment itself valid.
Put it into practice
Test Yourself
10
Practice Questions5
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Uniform Acts
Model Codes
Restatements
Study Supplements
Dictionaries
Common questions
Frequently Asked
4
What must a plaintiff prove to establish breach of duty in a negligence claim?+
A plaintiff must show that the defendant failed to exercise reasonable care under the circumstances or omitted an act necessary for the protection of another when under a duty to act. Expert testimony is normally required to establish the standard of care except in obvious cases.
Supporting sources
Does an undiagnosed mental impairment excuse an actor from liability for breach of duty?+
No. Tort law applies an objective standard of reasonable care that does not relieve an actor of liability because of mental deficiency. The rule allocates loss to the party whose conduct caused harm rather than to innocent victims.
Supporting sources
When does an attorney's failure to investigate documents constitute breach of duty?+
An attorney breaches the duty when the attorney possesses information indicating that additional records may contain exculpatory material yet fails to request those records before recommending settlement. The standard requires thorough factual investigation when client documents are reasonably available.
Supporting sources
Is failure to file comments before an administrative deadline a breach of duty when the client has not given explicit instructions?+
No. When the client states it is still evaluating options, counsel may reasonably await further direction rather than act unilaterally. The duty to act does not arise until the client authorizes the recommended course or the circumstances otherwise make the obligation clear.
Supporting sources
EvidenceHearsay and circumstances of its admissibility · Definition of hearsayNEXTGENFoundational