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United States v. Carroll Towing Co.
One of the crucial elements of negligence is breach of duty. To determine whether a breach occurred, courts evaluate which standard of care applies. In the next case, Judge Learned Hand created a famous formula for establishing when a defendant met her standard of care. What was the attraction of the so-called Carroll Towing standard? The rule has generated serious controversy. The case and following excerpts help to illuminate why.
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