Finally, Part IV suggests the factors that should be weighed in such a balancing test, … [5] Graphically, the Hand … Judged to a reasonable child of like age, experience and intelligence 2. Judge Learned Hand went on to conclude that, taking into account the surrounding circumstances (there were strong winds, the harbor was busy, and the ship's cargo valuable), the risk (PL) outweighed the burden of prevention (B). Sometimes not high enough (TJ Hooper–operator is liable without a radio even though it wasn’t the industry standard) b. Mentally Ill iii. Learned Hand Formula: B < PL (burden, probability, magnitude) a. B is the burden of taking adequate precautions; P is the probability of harm and; L is the gravity of the harm. HIGH risk and LOW burden, usually have DUTY to take precautionary measures. Gulf Refining Co: Exploding gas drum w/ defective caps. Physically disabled iv. Welcome to 1L torts class! In this case, J. Tort Law. Elderly v. Below average intelligence vi. The most common economic definition of negligence can be seen in operation in Judge Learned Hand's famous opinion, U.S. v. Carroll Towing Co., 159 F.2d 169, 174 (2nd Circuit 1947). J. Learned Hand's opinion on gross negligence meaningful distinction (as in a guest statute) Osborne v Montgomery (standard of care) - guy opens a car door to drop something off and biker runs into the door, the standard of the "great mass of mankind" You'll spend the next year reading many cases about old ladies falling down, whether it's at their own homes, on a railroad platform, or in a slippery parking lot. balancing test, based on Judge Learned Hand's clear and present danger for-mula in Dennis v. United States,9 is a preferable, more comprehensive First Amendment approach to these cases. Hand states that there is no general custom for tugboats to carry weather radios. In 1994, I testified before the Senate Judiciary Committee on the nomination of Stephen G. Breyer by President Clinton to be an Associate … For a more detailed explanation, you can watch a video the explains the Learned Hand formula in more detail. Access the answers to hundreds of Tort law questions that are explained in a way that's easy for you to understand. Learned Hand used the following algebraic formula to explain breach of duty: B
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