What does “duty of the defendant” refer to in tort law?

In tort law, the concept of "duty of the defendant" primarily refers to their obligation to avoid causing harm to others. This duty is foundational to tort claims, as it establishes the standard of care that the defendant is expected to uphold in relation to the plaintiff. If a defendant breaches this duty and causes harm as a result, they may be held liable for any damages incurred by the injured party.

This idea reflects the overarching principle that individuals must act in a manner that does not unnecessarily risk injury to others. Establishing that a duty exists is essential in proving negligence, as the plaintiff must demonstrate that the defendant had a responsibility to take certain precautions or actions to prevent harm, which they failed to do. This principle is crucial for fostering safe interactions and behaviors within society.

While the other options revolve around aspects of legal proceedings and ramifications, they do not capture the essence of the defendant's duty in tort law, which specifically emphasizes the obligation to act without causing harm.