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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).
Dec 6, 2007 · This article explores how insurance markets provide information for applying the marginal Learned Hand formula in negligence cases. The formula compares the expected costs of accidents and precautions, but parties often lack this information ex ante.
- 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.
- 5 min
- 24.2K
- Learn Law Better
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.
Billings Learned Hand ( / ˈlɜːrnɪd / LURN-id; January 27, 1872 – August 18, 1961) was an American jurist, lawyer, and judicial philosopher. He served as a federal trial judge on the U.S. District Court for the Southern District of New York from 1909 to 1924 and as a federal appellate judge on the U.S. Court of Appeals for the Second ...
Learn about the concept of negligence in tort law, which involves the failure to behave with reasonable care. Find out how the Hand Formula is used to determine if the defendant breached their duty of care to the plaintiff.
The Learned Hand formula is enshrined in the law-and-economics literature as the centerpiece of the courts' way of determining negligence. The orthodox interpretation of it is the conditional application of the Hand formula contingent on the other party's assumed efficient behavior.
