Hand Formula (Carroll Towing)

Pronunciation: HAND FOR-myoo-luh (KAIR-ul TOH-ing)

Torts › Breach

Definition

Judge Learned Hand's algebraic formulation of negligence from United States v. Carroll Towing Co. (2d Cir. 1947): a defendant is negligent when the Burden of precaution (B) is less than the Probability of harm (P) multiplied by the gravity of the Loss (L). If B < P × L, the defendant should have taken the precaution and failure to do so is breach. This cost-benefit analysis is the foundation of the economic approach to breach and is used by courts to evaluate whether a defendant's conduct was reasonable.

Related terms

• Breach of Duty — The second element of negligence, requiring plaintiff to prove defendant's conduct fell below the applicable standard of care.…
• Reasonable Person Standard — An objective standard used to determine whether a defendant's conduct breached the duty of care. It asks what…
• Negligence — A tort based on the defendant's failure to exercise reasonable care, resulting in harm to the plaintiff. Negligence…

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