In negligence cases, what does the term "duty" refer to?

In negligence cases, the term "duty" refers to the legal obligation to act in a certain way towards others. This obligation is fundamental in establishing whether a party can be held liable for negligence. Specifically, it establishes that an individual must act with a certain standard of care to avoid causing harm to others. The concept of duty is the starting point in determining whether the defendant owed a responsibility to the plaintiff, and whether a breach of that duty occurred.

When a plaintiff alleges negligence, they must first demonstrate that the defendant had a duty to conform to a specific standard of conduct. This standard is typically based on what a reasonably prudent person would do in similar circumstances. If a duty is established and breached, it can potentially lead to negligence liability if the breach causes harm to another party.

Understanding this aspect of negligence is crucial, as it sets the foundation for the entire case and is necessary for the plaintiff to prove their claims effectively. The other options relate to different aspects of a negligence claim: the measure of damages, the standard of care, and the causation aspect, but only the legal obligation aspect defines what "duty" is in the context of negligence.