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:
“Every morning I woke in dread, waiting for the day nurse to go on her rounds and announce from the list of names in her hand whether or not I was for shock treatment, the new and fashionable means of quieting people and of making them realize that orders are to be obeyed and floors are to be polished without anyone protesting and faces are to be made to be fixed into smiles and weeping is a crime.”
—Janet Frame (b. 1924)
“Now, since our condition accommodates things to itself, and transforms them according to itself, we no longer know things in their reality; for nothing comes to us that is not altered and falsified by our Senses. When the compass, the square, and the rule are untrue, all the calculations drawn from them, all the buildings erected by their measure, are of necessity also defective and out of plumb. The uncertainty of our senses renders uncertain everything that they produce.”
—Michel de Montaigne (1533–1592)