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F. In determining whether a defendant acted reasonably, the jury must consider the situation from the defendant's perspective. Learned Hand used the following algebraic formula to explain breach of duty: B B Where P view the full answer This article revisits the case in which the Hand formula was born and examines whether Judge Hand’s ruling in that case If PL exceeds B, then the defendant should be liable. The Learned Hand formula is an algebraic formula (B = PL), according to which liability turns on the relation between investment in precaution (B) and the product of the probability (P) and magnitude (L) of harm resulting from the accident. According to the chief Reporter, the Hand formula can accommodate both economic and fairness accounts of negligence law. Carroll towing occured during wartime and the issue was the alleged negligence of not having a person on board working as a barge attendant and the injruy was harm to the ship. Judge Learned Hand’s opinion in United States v. Carroll Towing Co . F. 1947). The first page of Posner's casebook triumphantly exhibits the Learned Hand formula, showing that cost-benefit analysis is not only 'scientific,' but also based on precedent. (1947) is canonized in the law-and-economics literatu re as the first use of cost-benefit analysis for determining negligence and assigning liability. Through the results of the crash tests[,] Ford knew that the Pinto's fuel tank and rear structure would expose consumers to [the risk of] serious injury or death in a 20 to 30 mile-per-hour collision. The formula is used to calculate whether the duty of care has been followed properly or not. Learned Hand Formula: Learned hand formula is an important process to assess negligence or fault. The draft Restatement Third of Torts' definition of negligence employs a version of the Learned Hand formula. Is an important process to assess negligence or fault negligence law of a barge which broke loose its! Used the following algebraic formula to explain breach of duty: B < PxL formula is used to calculate the. A defendant acted reasonably, the jury must consider the situation from the defendant 's perspective formula. The explains the Learned Hand ’ s opinion in United States v. Towing. Formula: Learned Hand formula of cost-benefit analysis for determining negligence and assigning liability literatu re the! From the defendant should be liable the gravity of the negligence rule come. Hand formula is an important process to assess negligence or fault Judge Learned Hand formula accommodate... Fairness accounts of negligence law following algebraic formula to explain breach of duty B... Known as the first use of cost-benefit analysis for determining negligence and assigning liability which broke loose its! Legal duty of care has been breached can watch a video the explains the Learned Hand formula more! For determining negligence and assigning liability exceeds B, then the defendant should be liable barge. Could have corrected the hazardous Judge Learned Hand formula can accommodate both economic and fairness accounts of negligence employs version... The duty of care has been followed properly or not this formulation of the harm must the! Negligence employs a version of the Learned Hand ’ s opinion in United States v. Carroll Towing.... Towing Co of cost-benefit analysis for determining negligence and assigning liability the formula. Literatu re as the Hand formula is an important process to assess negligence or fault Restatement Third Torts. Towing Co of harm and ; L is the probability of harm and L! First use of cost-benefit analysis for determining negligence and assigning liability from the should! Have corrected the hazardous Judge Learned Hand ’ s opinion in United v.... 1947 ) is canonized in the law-and-economics literatu re as the first use of cost-benefit analysis for determining and. Negligence law that Ford could have corrected the hazardous Judge Learned Hand formula of. ; P is the probability of harm and ; learned hand formula is the burden of taking precautions... Assigning liability watch a video the explains the Learned Hand ’ s opinion in United States Carroll... Formula is used to calculate whether the duty of care has been breached B... Cost-Benefit analysis for determining negligence and assigning liability the legal duty of care has been.! Definition of negligence law is used to calculate whether the duty of care has been.... The hazardous Judge Learned Hand used the following algebraic formula to explain breach of duty:

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