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:
“The five kings count the dead but do not soften
The crusted wound nor stroke the brow;
A hand rules pity as a hand rules heaven;
Hands have no tears to flow.”
—Dylan Thomas (1914–1953)
“Good taste is either that which agrees with my taste or that which subjects itself to the rule of reason. From this we can see how useful it is to employ reason in seeking out the laws of taste.”
—G.C. (Georg Christoph)