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. 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: Reasonable Person
Famous quotes containing the words hand and/or rule:
“Do not be discouraged, if in a thousand instances you find your kindness rejected and wronged, your good evil-spoken of, and the hand you extend for the relief of others, cast insultingly away; the benevolence which cannot outlive these trials of its purity and strength, is not like the self-sacrifice of him, who went about doing good.”
—C., U.S. women’s magazine contributor. American Ladies Magazine, pp. 331-4 (July 1828)
“After all, the practical reason why, when the power is once in the hands of the people, a majority are permitted, and for a long period continue, to rule is not because they are most likely to be in the right, nor because this seems fairest to the minority, but because they are physically the strongest. But a government in which the majority rule in all cases cannot be based on justice, even as far as men understand it.”
—Henry David Thoreau (1817–1862)