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In the United States, the Hand formula, also known as the Hand rule, calculus of negligence, or BPL formula, is a conceptual formula created by Judge Learned Hand which 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.
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A finding in those states that a defendant's conduct was "wanton," "reckless" or "despicable", rather than merely negligent, can be significant because certain defenses, such as contributory negligence, are often unavailable when such conduct is the cause of the damages.
Negligence (Lat. negligentia) [1] is a failure to exercise appropriate care expected to be exercised in similar circumstances. [2]Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a negligent act or failure to act.
Gross negligence may thus be described as reflecting "the want of even slight or scant care", falling below the level of care that even a careless person would be expected to follow. [3] While some jurisdictions equate the culpability of gross negligence with that of recklessness, most differentiate it from simple negligence in its degree. [3]
Battery is a form of trespass to the person and as such no actual damage (e.g. injury) needs to be proved. Only proof of contact (with the appropriate level of intention or negligence) needs to be made. An attempt to commit a battery, but without making actual contact, may constitute a tort of assault.
For example, let’s say that right now, you have 10% in cash, 40% in stocks, and 50% in bonds. You might want to adjust these percentages based on your needs, updated expenses, budget planning ...
Comparative negligence – A partial defense that reduces the amount of damages a plaintiff can claim based upon the degree to which the plaintiff's own negligence contributed to the damages. Most jurisdictions have adopted this doctrine; those not adopting it are Alabama, Maryland, North Carolina, Virginia, And Washington D.C.