Hand formula

A balancing test for determining whether conduct has created an unreasonable risk of harm, first formulated by Judge Learned Hand in United States v. Carroll Towing Co., 159 F.2d 169 (2d Cir. 1947).

• Under this test, an actor is negligent if the burden of taking adequate precautions against the harm is outweighed by the probable gravity of the harm multiplied by the probability that the harm will occur. [Cases: Negligence 215.C.J.S. Negligence §§ 32–33, 195–196.]

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词条贡献者

译者张文，国际知名商学院金融专业，擅长翻译各种与结构性融资及衍生品诉讼相关的法律文件。