Breach of Duty

Breach occurs when defendant’s conduct falls below reasonable care under circumstances.

Related Negligence rules

• Negligence: DutyDuty requires defendant to exercise reasonable care under the circumstances to avoid foreseeable risks of harm.
• Standard of Care: Reasonable PersonStandard is objective; mental impairments irrelevant; physical disabilities incorporated.
• Custom EvidenceCustom is relevant but not conclusive of reasonable care.
• Professionals StandardProfessionals must meet the skill and knowledge of the average practitioner in the community.
• Informed ConsentDoctors must disclose risks a reasonable patient would consider material.
• Negligence Per SeViolation of a safety statute establishes duty and breach if plaintiff is in protected class and risk matches…
• Duty to RescueGenerally no duty to rescue absent special relationship or assumption of duty.
• Special RelationshipsRelationships like carrier-passenger or innkeeper-guest create affirmative duties of protection.

Part of Torts on Core Legal Rules — foundational MBE-tested principles with primary-source citations.