Learned Hand Formula

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.
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Today I want to talk to you about the Learned Hand formula, which comes out of the US v Carroll case that I discussed in another episode. In establishing that the defendant had breached his duty of care, Judge Learned Hand decided to discuss unreasonableness by using algebra rather than English.
Learn Law Better is designed to help law students in law school and those preparing for the bar exam.

[@Learnlawbetter]

The Learned Hand formula is taught my most, if not all, Tort professors in the United States. Let me know if this video helped your understanding of how the formula works.

[@jhansbrayanzorrillaalva6890]

Learn Law Better thank you

[@Martin-dl1om]

thank you from China

[@Learnlawbetter]

Thanks for watching!

[@professororozco138]

Thanks, I just added this as a resource to my Healthcare Law course in the online MBA program.

[@yusofplayed]

thanks dawg

[@herpderptado]

thank you so much!!!!!

[@dezt4903]

I’m not a law student however it’s interesting how this works for life situations.

[@NoamBadash_]

Thank you for the explanation.
Greetins from Israel :)

[@Learnlawbetter]

Thanks. Glad to see my videos are being watched outside of the US.

[@umdadvocate]

Considering what’s going on in Texas right now, this formula’s about to get *real* relevant.

[@dadequalcustody8350]

Please explain

[@umdadvocate]

@@dadequalcustody8350 A lot of power companies chose to forego safeguards they were specifically told to implement, to avoid the exact situation that happened last winter.
It was a business decision. They probably figured the likelihood of that kind of storm in Texas was so low, it wasn’t worth the costs to safeguard against the risks.

[@blahblah701]

Is the concept of the Hand Formula only applicable for the reasonable person standard? What if the duty owed is that of a common carrier, where they owe a heightened duty of care?

[@Learnlawbetter]

Great question! The Hand formula is used to establish breach of duty, so it can be used for carriers or innkeepers- both of which owe a higher duty of care.

[@annereilley4892]

Seems like it should be B < P - L, not x. If you have the option of doing a task that is valued $1000 or a task that is $10, the loss is $10-$1000, not $10x$1000. Or am I missing something?

[@Learnlawbetter]

It was an early attempt to quantify risk conduct, so it’s not all that useful. Today, it is better to think of breach in terms of risk-utility. Does the utility of what you are doing out weigh the risk you are imposing on society.

[@royblackoncrack]

Is it related to: Chance x Gravity = Risk. Which I learned on my basic safety course.

[@Learnlawbetter]

Doesn’t look like it. You just provided a formula for calculating risk. The Learned Hand Formula compares risk on one side and utility on the other. In other words, risky behavior is not negligent if it’s something that is worthwhile doing.

[@royblackoncrack]

@@Learnlawbetter Thanks!

[@uncletony6210]

You look like Lionel (radio).

[@elijahlinnyk5598]

How to estimate amount of B in the formula?

[@Learnlawbetter]

The formula is not used literally. Instead, it helps to understand the risk that the defendant imposed when he engaged in the conduct.

[@elijahlinnyk5598]

Learn Law Better thanks for a quick response and thanks for enlightening me. Hello from Ukraine!

[@MM-qx4ir]

I am still confused :(

[@Learnlawbetter]

The Learned Hand Formula was never meant to be used in a mechanical fashion. It is a way of thinking about unreasonableness in a systematic manner. Without some analytical tool, a court would just go with its gut reaction, which works, but isn't a great way to write an appellate decision.