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Flashcards in Statutory Standards of Care Deck (4)
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1

When will we borrow a statute and use its language as the duty? In other words, what must P establish to use a statutory standard of care? (2)

P must show that the type of accident that occurred is within the class of risks that the statute is designed to prevent

Must also show that P was in the class of persons that the statute is trying to protect

"Class of Risk / Class of Persons" Test

2

Woman lives in high rise. Heads out to work. Is unaware of gas leak from her stove. She gets home and sits down. Wants to relax and goes to light up a joint. House blows up and damages the neighbors possessions.

In the ensuing lawsuit, plaintiff discovers that D was smoking pot and knows the laws on the topic. P wants to use the marijuana law as the standard. Will he be able to?

No.

P will not be able to show that the type of accident that occurred is within the class of risks that the statute is designed to prevent.

No way that the marijuana legislation was passed in order to prevent people from blowing up their apartments.

P will also not be able to show that she was the class of person that the statute was trying to protect.

3

Woman lives in high rise. Heads out to work. Is unaware of gas leak from her stove. She gets home and sits down. Wants to relax and goes to light up a joint. House blows up and damages the neighbors possessions.

In the ensuing lawsuit, plaintiff discovers that D was smoking pot and knows the laws on the topic. P wants to use the marijuana law as the standard. Will he be able to? What about the reasonably prudent person standard

No, will not be able to use marijuana law.

Yes, will use the reasonably prudent person standard and will win.

4

What are the two exceptions to statutory borrowing (for duty of care)? In other words, the two-part test for statutory borrowing is met, but the statute will not apply.

Where compliance w/ statute would be more dangerous than violation

Where compliance w/ statute is impossible under the circumstances