Sometimes not high enough (TJ Hooper–operator is liable without a radio even though it wasn’t the industry standard) b. Specialized knowledge 1. But Judge Learned Hand ruled for the plaintiff. the T.J. Hooper. Gulf Refining Co: Exploding gas drum w/ defective caps. balancing test, based on Judge Learned Hand's clear and present danger for-mula in Dennis v. United States,9 is a preferable, more comprehensive First Amendment approach to these cases. Elderly v. Below average intelligence vi. 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" Physically disabled iv. Here, not talking about a warning -Plaintiff has the burden to show defendant was acting unreasonably. B is the burden of taking adequate precautions; P is the probability of harm and; L is the gravity of the harm. Learned Hand Formula: B < PL (burden, probability, magnitude) a. Consequently, he held Connors liable. 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. However, Defendant is nonetheless negligent for failing to carry a radio. Hand states that there is no general custom for tugboats to carry weather radios. In case you're wondering, "tort" is an Old French word meaning "very lengthy negligence fact pattern." In 1994, I testified before the Senate Judiciary Committee on the nomination of Stephen G. Breyer by President Clinton to be an Associate … 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