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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).
Judge Learned Hand’s opinion in United States v. Carroll Towing Co . (1947) is canonized in the law-and-economics literatu re as the first use of cost-benefit analysis for determining negligence and assigning liability. This article revisits the case in which the Hand formula was born and examines whether Judge Hand’s ruling in that case
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Dec 6, 2007 · The Learned Hand formula is an algebraic formula (B = PL), according to which liability turns on the relation between investment in precaution (B) and the product of the probability (P) and magnitude (L) of harm resulting from the accident. If PL exceeds B, then the defendant should be liable.
- Peter Z. Grossman, Reed W. Cearley, Daniel H. Cole
- 2006
Oct 13, 2017 · Wondering how to use the Learned Hand Formula (B is less than P x L)? In this episode I explain the formula and how to use it on a law school exam, and in the practice of law. ...more.
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- Learn Law Better
The author of the opinion, Judge Learned Hand, stated that there was no general rule with which to deal with liability when a barge with no one on board breaks free and causes damage. Consequently, Judge Hand proposed an algebraic formula to determine if the standard of care has been met.
Judge Learned Hand famously advanced an explicit, quantitative, risk-utility test for negligence liability, holding that a defendant breaches her duty of care when she fails to take precautions that are less burdensome than the expected harm that would be prevented by such precaution.
Judge Learned Hand’s opinion inUnited States v. Carroll Towing Co . (1947) is canonized in the law and economics literature as the first use of cost-benefit analysis for determining negligence and assigning liability. This paper revisits the original case in which the famous Hand formula was born, and examines whether Judge Hand’s ruling in
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