What is the test for determining whether a person has sustained the burden of showing that they have committed a breach of the law by failing to comply with the law?

California, United States of America


The following excerpt is from Luna v. Tecson, 227 Cal.App.2d 655, 39 Cal.Rptr. 24 (Cal. App. 1964):

Chief Justice Gibson in Alarid v. Vanier (1958) 50 Cal.2d 617, 327 P.2d 897, where he reviewed practically all the cases in California on the subject and found that there were conflicting theories as to the test to be applied, laid down the test which now must be applied, and disapproved the cases contrary thereto. 'In our opinion the correct test is whether the person who has violated a statute has sustained the burden of showing that he did what might reasonably be [227 Cal.App.2d 660] expected of a person of ordinary prudence, acting under similar circumstances, who desired to comply with the law.' In applying this test it should be borne in mind that we are not required to find that defendant actually did what a prudent person would have done under the circumstances

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