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If a statute providing for a criminal penalty is applicable to a common law negligence case, a clearly stated specific duty imposed by the statute will replace the more general common law duty of care. Most courts hold that violation of an applicable statute __________.

Respuesta :

If a statute providing for a criminal penalty is applicable to a common law negligence case, a clearly stated specific duty imposed by the statute will replace the more general common law duty of care. Most courts hold that violation of an applicable statute is negligence per se

Explanation:

There is an adherence by many courts to the rule that says violation of an applicable statute is "negligence per se."  There was an conclusive duty presumption and  breaching of duty that is shown through the statute violation. In the negligence case, there must be an establishment of causation and damages  for the completion of the prima facie .

The following are the rules for a statute to be applied in a negligence case. they include,

  • (i) The plaintiff must show that she is in the class intended to be protected by the statute;
  • (ii) The plaintiff must show that the statute was designed to prevent the type of harm that the plaintiff suffered.

The minority view holds either that:

  • (i) a rebuttable presumption as to duty and breach arises, or
  • (ii) the statutory violation is only prima facie evidence of negligence.  

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