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:
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—Friedrich Dürrenmatt (1921–1990)
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—Mark Twain [Samuel Langhorne Clemens] (1835–1910)
“Why does he not know how to select servants? The ordinary procedure of the nineteenth century is that when a powerful and noble personage encounters a man of feeling, he kills, exiles, imprisons or so humiliates him that the other, like a fool, dies of grief.”
—Stendhal [Marie Henri Beyle] (1783–1842)
“There is no legislation—I care not what it is—tariff, railroads, corporations, or of a general political character, that all equals in importance the putting of our banking and currency system on the sound basis proposed in the National Monetary Commission plan.”
—William Howard Taft (1857–1930)