Hand reasoned that the small cost of a radio, compared with its importance, made Defendant negligent in failing to carry one. J. Judged to a reasonable child of like age, experience and intelligence 2. Tort Law. Learned Hand's opinion on gross negligence meaningful distinction (as in a guest statute) Osborne v Montgomery (standard of care) - guy opens a car door to drop something off and biker runs into the door, the standard of the "great mass of mankind" Here, not talking about a warning -Plaintiff has the burden to show defendant was acting unreasonably. [5] Graphically, the Hand … Welcome to 1L torts class! Industry standard a. Judge Learned Hand went on to conclude that, taking into account the surrounding circumstances (there were strong winds, the harbor was busy, and the ship's cargo valuable), the risk (PL) outweighed the burden of prevention (B). HIGH risk and LOW burden, usually have DUTY to take precautionary measures. Specialized knowledge 1. i. Because almost no boats had radios, the tug's owner argued it was unreasonable to expect a radio on . Learned Hand used the following algebraic formula to explain breach of duty: B
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