Suppose that the sunken barge in United States v. Carroll Towing Co. and its cargo are worth

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Suppose that the sunken barge in United States v. Carroll Towing Co. and its cargo are worth $100,000. Assume that the probability that the barge would break loose if the bargee is not present equals 0.001. If the bargee is present, then the probability of the barge’s breaking loose is reduced by half, to 0.0005. Paying the bargee to stay on the barge will cost the barge owner $25. If the barge owner does not incur this $25 expense, is his behavior negligent under the Hand rule?


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Law and economics

ISBN: 978-0132540650

6th Edition

Authors: Robert cooter, Thomas ulen

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