When Can You be Guilty of Breach of Duty

In the modern era, citizens of democratic nations, enjoy many rights. There are several rights that have been bestowed upon people by the constitution(s). Fundamental rights, corporate rights, self-respect, liberty and equality, are some important rights that have been safeguarded by democracy.

However, along with these rights, there are some simple duties that all citizens have to fulfill. The duties can be as simple as honoring the dignity of any fellow human being, or duty of calling the emergency line to help a man suffering from a heart attack.

Apart from these fundamental duties, people are also supposed to fulfill obligatory duties such as honoring a contract or paying taxes. Any breach is a tort, which means that it is a wrongdoing against which action can be bought against in the court of law.

In a common parlance, a breach of duty can be any dishonor, or a situation where a person abstains from fulfillment or performance of an obligation or a known moral responsibility. It must be noted this can be a legally enforceable offense only if duty arises from agreement or contract, that has been sealed with a lawful consideration.

This kind of breach is merely a moral blemish on the conscience of defaulter. Such breach is basically not enforced by law, but as citizens of democracy, we need to abide by them. For example talking politely and clearly, in a civil language, is common civic duty.

People around you will not tolerate it if you start talking in a very vulgar and violent fashion in a public place. Someone will come to you and request you to keep it down, but no one will come and press charges against you.

There is no fundamental duty of care mentioned in fundamental rights and duties of any constitution, but it is a simple moral duty to help the needful. If you tend to ignore the needful then it would be morally objectionable behavior, but again no one can file a suit against you.

It is however the fundamental duty of every citizen to take care of public property and prevent any person from damaging it. Not taking care of public property is not a legally enforceable act, but willfully damaging it is a breach with severe legal consequences.

The duty of loyalty can be again moral and legally enforceable. If a person is disclosing some sensitive information, his employer can sue him only if an agreement stating the duty of loyalty has signed. A breach of loyalty by a government employee or employee of government companies or agencies is a serious offense and in cases can be treated as treason.

A contract in simple words is defined as an agreement that is legally enforceable. Such an agreement is backed by effective and lawful consideration (money or money's worth). A simple transaction such as buying a candy bar can be treated as a contract and non-payment of consideration can become a breach.

The same principle also applies for the seller of candy as well. In fact, breach from a contract point of view is an important aspect of corporate law.

A duty, towards society and human race is often considered to be morally superior. However, behaving against constitutional duties, can invite grave legal consequences. Hence, it is always wise to stick to your moral as well as constitutional duties.