exali Glossary
Your encyclopedia of technical terms used in the insurance industry
The insurance industry is full of technical terms—from insurance policies and obligations to recourse claims. To help you keep track of everything, the exali glossary explains the main insurance terms in a simple, understandable, and practical way.
In the exali glossary, you will find not only definitions, but also practical examples, legal information, and references to the appropriate insurance coverage. This way, you always know where the risks lie—and how to protect yourself against them.
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Breach of Duty
A breach of duty occurs when someone fails to fulfill a contractual or statutory obligation, or fulfills it improperly or late. This can happen through active action or omission.
Types of breaches of duty
- Breach of contractual duty: Failure to comply with performance, ancillary, or protective obligations under a contract (e.g., late delivery, defective performance).
- Breach of statutory duty: Violation of statutory provisions (e.g., data protection laws, traffic safety obligations).
- Breach of ancillary obligations: Breach of obligations that do not directly affect the main performance but are important for the contractual relationship (e.g., information obligations, duties of care).
What is a culpable breach of duty?
A breach of duty is considered culpable if it was committed intentionally or negligently.
- Intent: The damage was caused deliberately.
- Negligence: The care required in business transactions was disregarded.
As a rule, a claim for damages can only arise in the case of culpable conduct—provided that strict liability does not apply.
When is there a gross breach of duty?
A gross breach of duty occurs when the care required in business transactions has been violated to a particularly serious degree. Examples:
- An IT service provider deletes important customer data without backing it up, even though they were made aware of the risk.
- An agency deliberately ignores binding CI guidelines and publishes incorrect content.
- An external data protection officer knowingly violates GDPR obligations.
The distinction between a simple and a gross breach of duty always depends on the individual case and is often decided in court in the event of a dispute.
Term: Breach of Duty
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