Negligence per se arises when:
A
The defendant admits fault
B
The defendant violates a statute designed to protect the class of persons including the plaintiff from the type of harm suffered
C
Expert testimony establishes the standard
D
The jury decides on their own
✓ Correct Answer: Option B
Negligence per se: violation of a statute is negligence per se if plaintiff is in the class the statute protects and suffered the type of harm the statute was designed to prevent.
💡 Why is B) the correct answer?
The correct answer to the question "Negligence per se arises when:" is Option B: The defendant violates a statute designed to protect the class of persons including the plaintiff from the type of harm suffered.
The other options — A) The defendant admits fault, C) Expert testimony establishes the standard, D) The jury decides on their own — are incorrect for this BAR Exam Prep question. As explained above: Negligence per se: violation of a statute is negligence per se if plaintiff is in the class the statute protects and suffered the type of harm the statute was designed to prevent.
📚 About This BAR Exam Prep Practice Question
This 3-level BAR Exam Prep question from the Torts topic is part of BrainForge Quiz's free exam preparation library.
Each question includes the correct answer and a detailed explanation to help you understand the underlying concept, not just memorize the answer.
How to use this page: Read the question above, consider all four options (A through D),
then check the highlighted correct answer and explanation. For active timed practice, start a
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or use flashcards for spaced repetition review.