Mandatory Code
Definition
A standard incorporated by reference into statute or regulation, such that violation constitutes a legal breach and may support negligence per se in jurisdictions that recognise that doctrine.
- Mechanism
- Incorporated by reference into statute or regulation
- Effect of violation
- Legal breach, may support negligence per se
- Contrast
- Voluntary or advisory industry standards
Common questions
How does a mandatory code differ from a voluntary industry standard in a failure analysis?+
Departure from a mandatory code can itself establish that a legal duty was breached, since the code carries the force of the statute that adopted it, whereas departure from a voluntary standard is only evidence of what reasonable practice looked like and must still be argued as negligence.
What is negligence per se and how does it connect to mandatory codes?+
Negligence per se is a doctrine, recognised in some jurisdictions, under which violating a safety statute or an incorporated mandatory code is treated as automatic evidence of negligence, removing the need to separately argue that the conduct fell below a reasonable standard of care.
Related terms
- Negligence per Se
- A common law doctrine under which violation of a statute or mandatory code is treated as automatic breach of the duty of...
- NFPA 921
- US National Fire Protection Association Guide for Fire and Explosion Investigations. The internationally accepted methodology Indian fire investigators and SFSL fire divisions...
- Standard of Care
- The level of skill, knowledge, and practice that a reasonably competent engineer in the same discipline and jurisdiction would have exercised under...
- State of the Art
- The level of technical knowledge and practice available at the time of design or construction, used in some jurisdictions as a defence...
- Voluntary Standard
- A consensus document representing best practice at the time of publication, departure from which is relevant but not conclusive evidence of negligence....