piccolittle wrote:Sooo... should I bother including the Hand formula in my torts outline? How would you ever use this thing on an exam - can anyone give an example? I officially think I hate Learned Hand and his stupid name.
Ahhh, nevermind - I should always run a search first. All good, I see some discussion on this already.
I did a practice test today and used the LH as a supplement to my other argument for breach, partly just because I wanted to see if I was doing it right. I used it in a case where literally all D had to do was install a fence to prevent people from falling off this dangerous platform. Since the burden was so low, I mentioned that P could argue he breached the duty because of the low burden and the higher probability/loss (someone died from falling). He said that was a great use of it. Hope that helps.