Negligence is available as a tort remedy only when the breach of duty is a statutory violation.

Question

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Negligence can be available as a tort remedy even in cases where there is no statutory violation. It is based on a duty of care owed by one party to another and the failure to meet that duty resulting in damages. Statutory violations can be evidence of a breach of duty, but they are not the only factor that determines negligence.

Negligence Is Available as a Tort Remedy Only When the Breach