What term describes the breach of the duty of care that results in liability under negligence law?

• A. Immunity
• B. Liability
• C. Duty
• D. Negligence

Answer: (D)

In negligence law, liability arises when someone has a duty of care and fails to meet it, and that failure causes harm. The term for that failure to meet the standard of care is negligence. It means not acting as a reasonably prudent person would under the circumstances, which leads to damages for which the responsible party can be held liable.

Think of it this way: there is a duty to exercise reasonable care; a breach occurs when that duty isn’t met; if that breach causes injury or damage, liability follows. Immunity is exemption from liability, not the breach itself; liability is the result of a negligent breach; and duty is the obligation that’s owed in the first place.