Hand Rule
Under American common law, a well known—though nonbinding—test for determining how a reasonable person might weigh the criteria listed above was set down in United States v. Carroll Towing Co. in 1947 by the Chief Justice of the Second Circuit Court, Learned Hand. The case concerned a barge that had broken her mooring with the dock. Writing for the court, Hand held:
he owner's duty, as in other similar situations, to provide against resulting injuries is a function of three variables: (1) The probability that she will break away; (2) the gravity of the resulting injury, if she does; (3) the burden of adequate precautions.While the test offered by Hand does not encompass all the criteria available above, juries in a negligence case might well still be instructed to take the other factors into consideration in determining whether the defendant was negligent.
Read more about this topic: Reasonableness
Famous quotes containing the words hand and/or rule:
“... A La Recherche du Temps Perdu is like a beautiful hand with long fingers reaching out to pluck a perfect fruit, without error, for the accurate eye knows well it is growing just there on the branch, while Ulysses is the fumbling of a horned hand in darkness after a doubted jewel.”
—Rebecca West (1892–1983)
“He who allows me to rule is in fact my master.”
—Pierre Corneille (1606–1684)