Georgia Torts Bar Practice Exam 2026 - Free Torts Bar Practice Questions and Study Guide

In negligence law, a breach occurs when a defendant fails to meet the standard of care that is owed to others, which is typically defined by the obligation of duty. This obligation requires individuals to act reasonably to prevent foreseeable harm to others. Therefore, when a person or entity does not adhere to this duty and acts in a way that falls short of what a reasonably prudent person would do under similar circumstances, it constitutes a breach.

For example, if a driver does not stop at a red light and causes an accident, that driver's failure to follow traffic laws signifies a breach of the duty of care owed to other road users. The key aspect here is that it is the deviation from the expected standard of behavior, rather than the existence of the duty itself, that highlights the breach in negligence claims. Without this breach, a negligence claim cannot succeed, as the core principle rests on the failure to uphold that duty of care.