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Meaning & use

breach of duty

noun·Advancedlegallaw

Last updated

UK/ˌbriːtʃ əv ˈdjuːti/
US/ˌbriːtʃ əv ˈduːti/

Meanings

  1. nouncountable or uncountablelegallaw

    A failure by someone who owes a legal or professional duty to another person to carry out that duty properly.

    Grammar: Countable when you mean one instance ('a breach of duty'), uncountable when you talk about the idea in general ('liable for breach of duty').

    Patterns

    • a breach of duty to someone
    • a breach of duty of care
    • be in breach of duty
    • sue someone for breach of duty

    The court found that the hospital had committed a breach of duty toward the patient.

    A director can be personally liable for breach of duty if the company suffers a loss.

    The report says there was no breach of duty on the part of the paramedics.

  2. nouncountable or uncountable

    A failure to do what your job or position requires of you, even outside a courtroom.

    Grammar: Often used with 'serious' or 'clear'; the 'to' phrase names the person or group you let down.

    Patterns

    • a serious breach of duty
    • a breach of duty to someone
    • accuse someone of a breach of duty

    Many voters saw the minister's silence as a serious breach of duty.

    The coach admitted it was a breach of duty to leave the young players without support.

Word forms

pluralbreaches of duty

Common combinations

be in breach of duty
The firm was found to be in breach of duty to its clients.
a breach of duty of care
The driver's breach of duty of care caused the accident.
commit a breach of duty
An employee who ignores safety rules may commit a breach of duty.
sue for breach of duty
The family decided to sue the clinic for breach of duty.
a clear breach of duty
Leaving the site unguarded was a clear breach of duty.
alleged breach of duty
The alleged breach of duty happened during the night shift.

Synonyms and how they differ

negligence
Negligence is the wider legal idea of not taking reasonable care, while breach of duty is the specific failure to meet a duty that already exists.
dereliction of duty
This is stronger and more disapproving, suggesting someone shamefully abandoned their responsibilities.
default
Default is used mostly for failing to pay or to appear, so it fits contracts and court dates better than personal duties.

Opposites

fulfillment of dutydischarge of duty

Word family

duty noun
Something you must do because of your job, the law, or what is right.
dutiful adjective
Doing what you are supposed to do, willingly and with care.
breach noun
A failure to keep a law, promise, or agreement.

Commonly confused: breach of duty or breach of contract? breach of duty or duty of care?

breach of duty vs breach of contract

A breach of contract is failing to keep the terms of an agreement; a breach of duty is failing to carry out a responsibility owed to someone, which may exist even without a contract.

breach of duty vs duty of care

A duty of care is the responsibility itself; a breach of duty is the failure to meet it.

Practice

The nurse was accused of a breach of duty ___ the patients in her care.

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