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In the United States, the calculus of negligence, or Hand rule or Hand formula, is a term coined by Judge Learned Hand and describes a process for determining whether a legal duty of care has been breached (see negligence). The original description of the calculus was in ''United States v. Carroll Towing Co.'',〔''U.S. v. Carroll Towing'', 159 F.2d 169 (2d Cir. 1947).〕 in which an improperly secured barge had drifted away from a pier and caused damage to several other boats. == Articulation of the rule == Hand stated: This relationship has been formalized by the law and economics school as such: an act is in breach of the duty of care if: : where ''B'' is the cost (burden) of taking precautions, and ''P'' is the probability of loss (''L''). ''L'' is the gravity of loss. The product of P x L must be a greater amount than B to create a duty of due care for the defendant. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Calculus of negligence」の詳細全文を読む スポンサード リンク
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