Texas Property and Casualty License Practice Exam

Which of the following best describes 'breach of duty'?

1. Accidental violations of laws

2. Failure to meet legal obligations

3. Intentional harm

4. Complying with all duties

The correct answer is: Failure to meet legal obligations

Breach of duty refers specifically to the failure to fulfill a legal or ethical obligation that one party owes to another. In the context of law and insurance, this concept often arises in the discussion of negligence, where one party's actions—whether through inaction or improper action—result in harm to another party. The idea centers around the established standards or duties that a person or organization is expected to uphold in a practical context, and when these standards are not met, a breach occurs. When talking about breach of duty in terms of liability, it's critical to understand that simply failing to meet a duty may lead to legal consequences, especially if this failure results in damage or injury to another party. This aligns with the concept of tort law, where the duty of care is paramount, and failure to adhere to this can constitute negligence. The other options do not accurately represent what 'breach of duty' entails. Accidental violations of laws may not necessarily relate to the failure to meet obligations in a legal context. Intentional harm implies direct action with the intent to cause damage rather than simply failing in one’s duties. Complying with all duties inherently contradicts the concept of breach, as it denotes fulfilling rather than failing obligations.