Overview

In this episode of "Clearly Legal," Sean Martin hosts a discussion with Julie Peak and Joel Surber, focusing on tort law and its practical applications. The conversation begins with an exploration of the Learned Hand formula, a method used to determine duty in negligence cases by weighing the burden of taking precautions against the gravity and foreseeability of harm. The hosts apply this analysis to the famous "Baby Jessica" case, where a child fell into a well, discussing the responsibilities of landowners and the implications of foreseeability and duty. The episode also delves into the nuances of contract law, exploring scenarios where contract terms might be breached, such as a painter using the wrong color. The hosts discuss the importance of clear communication and agreement on material terms to avoid disputes.

Episodes

#2614: Learned Hand Baby Jessica

47:30

Speakers

Joel Surber

Surber, Asher, Surber & Moushon PLLC

Julie Peak

Sean Martin

MHPS, PLLC