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Statute Negligence Intended Se Imposes Penalty Violating Specific

Front Negligence per se
Back 1) Statute imposes penalty for violating a specific duty;
2) D violates statute;
3) P is in the class of people intended to be protected; and
4) The harm is of the type the statute was intended to protect against.
5) Causation

Minority rule = violation of the statute is merely evidence of negligence (a rebuttable presumption about duty and breach)

Tags: torts

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