1answer.
Ask question
Login Signup
Ask question
All categories
  • English
  • Mathematics
  • Social Studies
  • Business
  • History
  • Health
  • Geography
  • Biology
  • Physics
  • Chemistry
  • Computers and Technology
  • Arts
  • World Languages
  • Spanish
  • French
  • German
  • Advanced Placement (AP)
  • SAT
  • Medicine
  • Law
  • Engineering
USPshnik [31]
3 years ago
8

If a statute providing for a criminal penalty is applicable to a common law negligence case, a clearly stated specific duty impo

sed by the statute will replace the more general common law duty of care. Most courts hold that violation of an applicable statute __________.
Social Studies
1 answer:
Vlada [557]3 years ago
4 0

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

<u>Explanation:</u>

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.  

You might be interested in
In paragraph form, and in at least 250 words, describe the Columbian Exchange, and provide examples of the major things exchange
sasho [114]

Answer and explanation:

The Columbian exchange or Columbian interchange is a term named after Christopher Columbus. It refers to the colonization and subsequent trade that began with Columbus's trip in 1492. The Columbian exchange involved the Americas, Europe, and West Africa during the 15th and 16th centuries, and resulted in an extensive transfer that greatly impacted all involved. The term contemplates not only the trade of goods, but also of animals, people, cultures, and even diseases. Some of the major things exchanged were domesticated animals - horse, donkey, chicken, cattle, turkey, parrots, guinea pig, etc. -, and fruits and plants - acai, avocado, broccoli, celery, carrot, chia, pecan, oregano, etc. It's worth remembering that products were exported to and from both the New and the Old Word. A side effect of such contact between different continents and people was the transfer of diseases. Indigenous people in the Americas were decimated by the illnesses transmitted by colonizers. The exchange of cultures had a great impact on both Europe and North America. Enslaved Africans brought their knowledge concerning agrarian practices such as water control and milling. Europe began shifting towards Capitalism and was the subject of population growth due to the availability of new products and crops. Colonizers introduced European values to indigenous nations, ranging from land possession and division to monogamy. There was a noticeable disrupt in ecosystems, since the trade of animals brought in invasive species - a species that is not native and, for that reason, tends to spread and damage the environment.

6 0
3 years ago
Juvenile Courts have jurisdiction over WHICH situation?
eimsori [14]
The answer is B I think
6 0
3 years ago
Read 2 more answers
The Nile River provided many benefits to the people of ancient Egypt, especially after it flooded. List THREE ways the Nile Rive
Yuki888 [10]
Food, cleaning/bathing, and transportation of goods
5 0
3 years ago
After harvesting crops such as corn and wheat, many farmers plant a second crop called a cover crop. A cover crop grows during t
Kay [80]
Crops such as wheat or corn absorb a large amount of nutrients from the soil. To remedy this, farmers plant crops such as rye, buckwheat, radishes, turnips and other cover crops.
3 0
3 years ago
What is not the central bank's responsibility to control the amount of money circulating in the economy to address the unemploym
Nimfa-mama [501]

It’s 1 Reduction of interest rates of banks

5 0
3 years ago
Other questions:
  • The residents of a suburban region are unable to enjoy fresh air due to the foul smell coming from an unauthorized tannery locat
    8·1 answer
  • Determine whether the following studies are Analytical or Descriptive: _____ A survey of oil refinery employees to determine pre
    6·1 answer
  • Why should we live with self-respect ? What should be done for this ?
    12·1 answer
  • The term "gender __________" refers to boys and men who show traditionally masculine traits and behaviors, and girls and women w
    15·1 answer
  • Help! Dale created slides with charts that support information in his presentation. What should do when he presents these slides
    14·2 answers
  • Acceptance of differences
    11·1 answer
  • French Naval Commander who provided aide from the French Navy to the Continental Army who was fighting the British Navy at sea
    11·2 answers
  • What were the results of the supreme Court's decision in marbury v Madison?​
    8·2 answers
  • What did Germany’s Schlieffen Plan call for?
    6·1 answer
  • Please write double spaced in paragraph form. I do not want a sentence. Does reality television depict real life? Give two reaso
    5·1 answer
Add answer
Login
Not registered? Fast signup
Signup
Login Signup
Ask question!