Texas Property and Casualty License Practice Exam

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What is meant by 'legal duty' in tort law?

An obligation to pay damages
An obligation to comply with legal codes
An obligation to act or not act
An obligation to report crimes

The correct answer is: An obligation to act or not act

In tort law, 'legal duty' refers to an obligation that individuals or entities have to act in a certain way or refrain from acting, ensuring that their behavior conforms to the standard of care expected in society. This duty is foundational in establishing whether a tort has occurred, as it sets the stage for determining liability when one party's actions lead to harm or injury to another. When assessing legal duty in tort cases, it encompasses the responsibility to avoid causing foreseeable harm to others. For example, a driver has a legal duty to operate their vehicle safely to protect other road users. If they breach this duty by driving recklessly and cause an accident, they may be found liable for the injured party's damages. The other options, while they reference obligations, do not accurately capture the essence of 'legal duty' in tort law. An obligation to pay damages focuses on the consequences of a breach rather than the duty itself. Compliance with legal codes pertains more to regulatory law than tort law specifically. Reporting crimes is a separate legal obligation and does not necessarily pertain to the concept of duty in the context of tortious actions.