Legal Definitions - breach of duty

A breach of duty occurs when an individual or entity fails to fulfill a legal obligation or responsibility they owe to another party. This failure means they did not act in the way the law required them to, potentially causing harm or loss to the other party.

Here are some examples illustrating a breach of duty:

• Medical Malpractice: A surgeon performing an operation has a legal duty to exercise a reasonable standard of care for their patient. If, during a routine appendectomy, the surgeon accidentally leaves a surgical instrument inside the patient, they have committed a breach of duty.

  Explanation: The surgeon failed to meet the expected standard of care, which is to remove all instruments from the patient's body before closing the incision. This failure to uphold their professional obligation constitutes a breach of duty.

• Financial Advisor's Responsibility: A financial advisor has a fiduciary duty to act in the best financial interest of their client. If the advisor recommends a high-fee investment product that primarily benefits the advisor through commissions, rather than a more suitable, lower-fee option that would better serve the client's financial goals, they have committed a breach of duty.

  Explanation: The advisor failed to prioritize the client's interests above their own, violating their legal and ethical obligation to act solely for the client's benefit. This failure to uphold their fiduciary responsibility is a breach of duty.

• Property Owner's Safety Obligation: A grocery store owner has a legal duty to maintain a safe environment for their customers. If a spill occurs in an aisle and the owner's employees fail to clean it up or place warning signs within a reasonable amount of time, and a customer slips and is injured, the owner has committed a breach of duty.

  Explanation: The store owner failed to fulfill their obligation to ensure the safety of their premises for customers by not addressing a known hazard promptly. This failure to act responsibly constitutes a breach of duty.