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Hand formula
- In the United States, the Hand formula, also known as the Hand rule, calculus of negligence, or BPL formula, is a conceptual formula created by Judge Learned Hand which describes a process for determining whether a legal duty of care has been breached (see negligence).
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In the United States, the Hand formula, also known as the Hand rule, calculus of negligence, or BPL formula, is a conceptual formula created by Judge Learned Hand which describes a process for determining whether a legal duty of care has been breached (see negligence).
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The negligence calculus (sometimes referred to as the “Hand formula”), asks whether the burdens of precaution in a given situation outweigh the likelihood of risks occurring that will cause serious harm.
Calculus of negligence refers to a principle used to determine as to whether a legal duty of care has been breached. This principle is usually accepted in the negligence law. The term calculus of negligence was coined by Judge Hand in United States v. Carroll Towing Co., 159 F.2d 169 (2d Cir. N.Y. 1947) In this case the judge observed that ...
In the United States, the Hand formula, also known as the Hand rule, calculus of negligence, or BPL formula, is a conceptual formula created by Judge Learned Hand which describes a process for determining whether a legal duty of care has been breached (see negligence).
In the United States, the calculus of negligence, also known as the Hand rule, Hand formula, or BPL formula, is a term coined by Judge Learned Hand which describes a process for determining whether a legal duty of care has been breached (see negligence).
Hand Formula/Calculus of Risk { The Hand Formula: Weigh B, the burden of adequate precautions, against P L; P is the probability of the harm, and L is the gravity of the loss. If B is less, then not taking the burden of B is a breach of duty (small-n negligence, negligence per se). If B is more, then not so. United States v. Carroll Towing Co.:
The calculus of negligence is a term coined by justice Learned Hand and describes a process for determing whether a legal duty of care has been breached (see negligence).
