balancing test, based on Judge Learned Hand's clear and present danger for-mula in Dennis v. United States,9 is a preferable, more comprehensive First Amendment approach to these cases. Here, not talking about a warning -Plaintiff has the burden to show defendant was acting unreasonably. Access the answers to hundreds of Tort law questions that are explained in a way that's easy for you to understand. Elderly v. Below average intelligence vi. However, Defendant is nonetheless negligent for failing to carry a radio. Sometimes not high enough (TJ Hooper–operator is liable without a radio even though it wasn’t the industry standard) b. For a more detailed explanation, you can watch a video the explains the Learned Hand formula in more detail. Finally, Part IV suggests the factors that should be weighed in such a balancing test, … Consequently, he held Connors liable. Learned Hand used the following algebraic formula to explain breach of duty: B