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The Hand Rule Sponsored by Prof. John Hall for the 2010 Chapman Law School Public Interest Law Foundation Fundraiser. Words & Music Uncopyright 2010 Tom.

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Presentation on theme: "The Hand Rule Sponsored by Prof. John Hall for the 2010 Chapman Law School Public Interest Law Foundation Fundraiser. Words & Music Uncopyright 2010 Tom."— Presentation transcript:

1 The Hand Rule Sponsored by Prof. John Hall for the 2010 Chapman Law School Public Interest Law Foundation Fundraiser. Words & Music Uncopyright 2010 Tom W. Bell. Version 2010.04.19. Learned Hand in 1893, just before he entered Harvard Law School

2 GC In this world of accidents, it FC pays to know your negligence. GC Un- less you want to play to fool, FD7 you'd better learn that 'ol Hand rule. The Hand Rule, v. 2010.04.19 Intro Refrain Verse 1 Refrain Bridge Verse 2 Refrain Coda

3 GCGC GG G C Learned, learned, Learned. Learned in the law was he. G G G D Learned Judge Hand, Learned, he judged so learned- ly! G C D7 F So learn what the Hand Rule teaches: There's no liabili- ty, G C D Gbar If the burden of the cost ex- ceeds the loss times the probabili- ty. G C D Gbar If the burden of the cost ex- ceeds the loss times the probabili- ty. Gbar\Fbar C The Hand Rule, v. 2010.04.19 Intro Refrain Verse 1 Refrain Bridge Verse 2 Refrain Coda

4 G C F C In the case of Carrol Towing Co., Learned Hand set forth to show G A7 D The meaning of rea- sonabili- ty. G C F C De- fendant failed to leave in charge, a man to watch its unmoored barge, G A7 D7 And plaintiffs cargo met calami- ty. G C F C Negligence! plain- tiff complained and on appeal Judge Hand explained, G A7 D The proper scope of liabili- ty. Intro Refrain Verse 1 Refrain Bridge Verse 2 Refrain Coda The Hand Rule, v. 2010.04.19

5 GCGC GG G C Learned, learned, Learned. Learned in the law was he. G G G D Learned Judge Hand, Learned, he judged so learned- ly! G C D7 F So learn what the Hand Rule teaches: There's no liabili- ty, G C D Gbar If the burden of the cost ex- ceeds the loss times the probabili- ty. G C D Gbar If the burden of the cost ex- ceeds the loss times the probabili- ty. Gbar\Fbar C The Hand Rule, v. 2010.04.19 Intro Refrain Verse 1 Refrain Bridge Verse 2 Refrain Coda

6 GG GC GG GD GCD7F GCDGbar Gbar\Fbar C The Hand Rule, v. 2010.04.19 Intro Refrain Verse 1 Refrain Bridge Verse 2 Refrain Coda Learned Hand with fellow Harvard Law School students, c. 1895

7 It would not have posed a burden large, To keep a man on board that barge, To guard against the probability, That something would go wrong--and how! Would go glub, glub, or go, KA-POW! Thus the case for liability. But carelessness will not obtain, When safety is not worth the pain. Thats the rule Hand gave posterity. Intro Refrain Verse 1 Refrain Bridge Verse 2 Refrain Coda The Hand Rule, v. 2010.04.19

8 GCGC GG G C Learned, learned, Learned. Learned in the law was he. G G G D Learned Judge Hand, Learned, he judged so learned- ly! G C D7 F So learn what the Hand Rule teaches: There's no liabili- ty, G C D Gbar If the burden of the cost ex- ceeds the loss times the probabili- ty. G C D Gbar If the burden of the cost ex- ceeds the loss times the probabili- ty. Gbar\Fbar C The Hand Rule, v. 2010.04.19 Intro Refrain Verse 1 Refrain Bridge Verse 2 Refrain Coda

9 G C D Gbar You can even sing it mathematical- ly. G C D Gbar Ask if B ex- ceeds L multiplied by P. G C D Gbar If so there is no negligence liabili- ty. G C If the burden of the cost ex- ceeds the loss... D Gbar times the probabili- ty. Gbar\Fbar CC7 CG The Hand Rule, v. 2010.04.19 Intro Refrain Verse 1 Refrain Bridge Verse 2 Refrain Coda

10 Judge Learned Hand, c. 1910. The Hand Rule, v. 2010.04.19 Intro Refrain Verse 1 Refrain Bridge Verse 2 Refrain Coda Fin.


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