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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 301

Citation
Section 301
Parent Document
Gore v. People's Savings Bank, 235 Conn. 360 (1995)
Jurisdiction
Connecticut (state)
Effective Date
1995-10-10

Other Sections in This Document (94)

Full Text

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We are not unmindful that other courts have considered this issue and reached different conclusions. See Torres v. Melody, Superior Court, judicial district of Norwich, Docket No. CV 910098765 (February 13, 1992, 6 Conn. L. Rptr. 30) (§§ 47a-7 and 47a-8 provide for a claim for negligence as a matter *389of law); Hardy v. Griffin, supra, 41 Conn. Sup. 286 (stating that §§ 47a-7 and 47a-8 provide for strict liability). In these cases, however, the courts applied only half of the analysis. Instead of determining whether the provisions created a standard the violation of which constitutes negligence per se and then further determining whether the provisions eliminated excuses or justifications such as lack of notice, these courts first found that the violations constitute negligence per se and never further examined whether the sections precluded excuses and justifications. As we have stated previously, we agree that a violation of § 47a-8 constitutes negligence per se, but we disagree that the section precludes the excuse of lack of notice.