Asked by Oguche Agnebb on Jun 19, 2024
Verified
Which of the following applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs?
A) Res ipsa loquitur.
B) Negligence per se.
C) Statutory shop act.
D) Comparative negligence.
E) Assumption of the risk.
Negligence Per Se
A judicial principle that deems an action as automatically negligent due to the breach of a law or regulation.
Statutory Shop Act
Laws and regulations governing the operation of shops and commercial establishments.
Specific Group
A defined set of individuals or entities distinguished by certain shared characteristics or criteria.
- Familiarize oneself with the employment of negligence per se and res ipsa loquitur in the establishment of claims of negligence.
Verified Answer
JX
joseph xuerebJun 22, 2024
Final Answer :
B
Explanation :
Negligence per se applies when a defendant violates a statute designed to protect a specific class of people from a specific type of harm, and the plaintiff belongs to that class and suffers that type of harm. This doctrine presumes the defendant's negligence without requiring the plaintiff to prove it.
Learning Objectives
- Familiarize oneself with the employment of negligence per se and res ipsa loquitur in the establishment of claims of negligence.
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