Elderly v. Below average intelligence vi. Judged to a reasonable child of like age, experience and intelligence 2. -But See U.S. v. Carroll Towing (where Learned Hand created the formula) where the burden was so small, keeping the bargee on the boat, that it has to be negligence. Physically disabled iv. Learned Hand Formula: B < PL (burden, probability, magnitude) a. B is the burden of taking adequate precautions; P is the probability of harm and; L is the gravity of the harm. Get help with your Tort law homework. Hand reasoned that the small cost of a radio, compared with its importance, made Defendant negligent in failing to carry one. Δ has duty to customers that drums in good condition. Welcome to 1L torts class! Sometimes not high enough (TJ Hooper–operator is liable without a radio even though it wasn’t the industry standard) b. You'll spend the next year reading many cases about old ladies falling down, whether it's at their own homes, on a railroad platform, or in a slippery parking lot. i. Consequently, he held Connors liable. On September 26, 2020, President Trump announced the nomination of Judge Amy V. Coney Barrett of the United States Court of Appeals for the Seventh Circuit to fill the vacancy on the Supreme Court held by Associate Justice Ruth Bader Ginsburg. But Judge Learned Hand ruled for the plaintiff. HIGH risk and LOW burden, usually have DUTY to take precautionary measures. Learned Hand used the following algebraic formula to explain breach of duty: B