What does the term "negligence per se" refer to?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

The term "negligence per se" refers to the concept that a person can be found negligent simply by violating a statute or regulation that is designed to protect a specific class of individuals from harm. When the violation of such a law occurs, it is considered inherently negligent because the statute sets a standard of care that must be followed. If someone breaches this standard, the breach can be used as evidence of negligence in a court of law.

For example, if a driver runs a red light, and this action results in an accident, the driver may be found negligent per se because they have violated a traffic statute meant to prevent accidents and protect public safety. In this way, the law creates a clear obligation, and failure to comply demonstrates a lack of due care.

The other options do not accurately encapsulate the definition of "negligence per se." Ignorance of the law doesn't excuse behavior and isn't what defines this legal concept. The idea of shared fault pertains more to comparative negligence, which specifically addresses situations where multiple parties are responsible for an incident. Lastly, the mention of financial misconduct pertains to a different legal concept altogether and is unrelated to negligence per se.

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