What must exist for a duty to be violated by a tortfeasor?

For a duty to be violated by a tortfeasor, the duty must exist as a matter of law. In tort law, a duty refers to a legal obligation that one party owes to another. This could arise from statutes, common law, or established social expectations. When a tortfeasor (the person committing the tort) breaches that legal duty, it leads to liability for the damages caused to the injured party.

This legal basis is crucial because it informs individuals of the duties they owe to one another, which can arise from various circumstances, such as the duty to avoid causing harm to others or the duty to act with a certain standard of care (like in cases of negligence). If there is no legally recognized duty, then there cannot be a violation, and thus no tortious act can occur.

The emphasis on the legal aspect of the duty underscores the public policy implications of tort law, which aims to provide a framework for safe behavior in society. In essence, the existence of a duty as a matter of law is foundational to understanding how tort liability is established and enforced.