ABSTRACT
To a lawyer the terms “test” and “experiment” are not equivalent. The legal mind makes an extremely important technical distinction between the two terms. A test is something done to, at, or with a thing (or the equivalent thereof) involved in the original event or happening. An experiment is an attempt to duplicate, as closely as possible, the original event or occurrence. It is much better to perform a test rather than an experiment because the phrase “as closely as possible” leaves a lot of room for lawyers to argue. Let us now read the remainder of the
Hawkins
case that we previously discussed in Chapter 9. [See pp. 90-93 for the facts of this case.]
HAWKINS CONSTRUCTION CO. v. MATTHEWS CO.
