Texas Real Estate Brokerage Sales Apprentice Education (SAE) Practice Exam

What type of violation does not require proof of damages?

1. Negligent violation

2. A per se violation

3. Intentional violation

4. Constructive violation

The correct answer is: A per se violation

A per se violation refers to actions that are inherently considered violations of the law without the need to demonstrate that any harm or damages occurred as a result. In legal terms, these violations are seen as so egregious that the mere act of committing them is enough to constitute a violation, regardless of any actual impact or damages to another party. For example, certain regulatory infractions may fall under this category, where the law is designed to protect public interests or enforce standards, and any breach of that law is deemed harmful by default. This principle simplifies legal proceedings since the burden of proof regarding damages is not required, thereby streamlining the enforcement of specific legal standards. In contrast, negligent, intentional, and constructive violations typically involve a requirement to show that damages or harm occurred as part of the legal process. Negligent violations often relate to a failure to exercise the appropriate level of care that leads to harm. Intentional violations require proof of intent to cause harm or breach a duty. Constructive violations are based on the circumstances that imply wrongdoing without direct evidence but may still demand evidence of impact.