Reasonable Person/Ordinary Care
In balancing risks to establish a reasonable person's standard of ordinary care, the rule has been established that the probability of the harm potentially caused (P) must be balanced along with the gravity of the harm which could result (G), against the burden of conforming to a new and less dangerous course of action (B) along with the utility of maintaining the same course of action as it was (U). This is sometimes noted in shorthand as P+G v. B+U, deriving from a formulation expressed by Judge Learned Hand. (United States v. Carroll Towing Co., 159 F.2d 169 (1947).)
Read more about this topic: Standard Of Care
Famous quotes containing the words reasonable, person, ordinary and/or care:
“Look, we are all reasonable men here. We don’t have to give assurances, as if we were lawyers.”
—Mario Puzo (b. 1920)
“We can paint unrealistic pictures of the juggler—displaying her now as a problem-free paragon of glamour and now as a modern hag. Or we can see in the juggler a real person who strives to overcome the obstacles that nature and society put in her path and who does so with vigor and determination.”
—Faye J. Crosby (20th century)
“The force of a death should be enormous but how can you know what kind of man you’ve killed or who was the braver and stronger if you have to peer through layers of glass that deliver the image but obscure the meaning of the act? War has a conscience or it’s ordinary murder.”
—Don Delillo (b. 1926)
“... no human being is master of his fate, and ... we are all motivated far more than we care to admit by characteristics inherited from our ancestors which individual experiences of childhood can modify, repress, or enhance, but cannot erase.”
—Agnes E. Meyer (1887–1970)