In tort law, what must a claimant prove to succeed in most cases?

To succeed in most cases of tort law, a claimant must prove a breach of duty. This involves demonstrating that the defendant owed a legal obligation to the claimant and failed to fulfill that obligation, resulting in harm or injury. The duty of care is a foundational principle in tort law, which requires individuals to act with a certain standard of care toward others in society. When this standard is violated—such as through negligence or failure to act—then a breach of duty has occurred.

This concept is crucial because it establishes the basis for liability. A claimant must show that the defendant's conduct fell below the standard expected in that situation and that this failure led directly to the damages or injuries claimed. Understanding how a breach of duty operates within tort law helps clarifies the relationship between the parties involved and the legal ramifications of the defendant's actions.