Breach Of Duty
Breach of duty means a violation of a duty. Within the field of torts there generally is a duty that is owed by one party to another. When one party breaches that duty or violates that duty then, at that point, at least two of the elements have been satisfied. The third element of a tort is that of causation and the final element of a tort is resulting damage.
Breach of duty is a necessary element of any claim. It may come in the form of running a red light. It may come in the form of a physician performing a procedure in a subpar fashion.
