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Question
State X has a "Sunday Closing Law" making it a crime to operate a retail business on Sundays. The law's legislative history reveals that it was enacted to promote respect for the Sabbath by all the people of the state, and thus to promote public decency and morality. One Sunday, Judy Smith slips on a puddle of spilled soft drink at Joe's Hamburger joint (which is operating in violation of the statute), and suffers an injury to her spine. The soft drink would not have been spilled if the store had not been open on Sunday. Judy sues Joe in negligence. One part of her complaint relies on the doctrine of negligence per se. Under the doctrine of negligence per se:
A. Judy will recover because the spilled drink posed a reasonably foreseeable risk of harm, and Joe failed to eliminate that risk.
B. Judy will recover because Joe violated the Sunday Closing Law.
C. Judy will not recover because she was not within the class of persons intended to be protected by the statute.
D. Judy will not recover because she did not suffer harm of a kind that the statute was intended to protect against.
Answer
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