This site is a developmental version of Wiki Law School. To go to the production site: www.wikilawschool.org
Hawkins v. McGee: Difference between revisions
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
(Upgrade) |
No edit summary |
||
| Line 2: | Line 2: | ||
|court=New Hampshire Supreme Court | |court=New Hampshire Supreme Court | ||
|citation=84 N.H. 114, 146 A. 641 (1929) | |citation=84 N.H. 114, 146 A. 641 (1929) | ||
|date=1929 | |date=June 4, 1929 | ||
|subject=Contracts | |subject=Contracts | ||
|case_treatment=No | |case_treatment=No | ||
| Line 11: | Line 11: | ||
|link=https://www.quimbee.com/cases/hawkins-v-mcgee | |link=https://www.quimbee.com/cases/hawkins-v-mcgee | ||
|case_text_source=Quimbee video summary | |case_text_source=Quimbee video summary | ||
}}{{Infobox Case Brief/Case Text Link | |||
|link=https://casetext.com/case/hawkins-v-mcgee | |||
|case_text_source=CaseText | |||
}} | }} | ||
}} | }} | ||
Revision as of 13:51, July 4, 2023
| Hawkins v. McGee | |
| Court | New Hampshire Supreme Court |
|---|---|
| Citation | 84 N.H. 114, 146 A. 641 (1929) |
| Date decided | June 4, 1929 |
Facts
Defendant Dr. McGee promised Plaintiff Hawkins that his hand would be a "one hundred percent good hand" after a skin graft operation. The hand was unsatisfactory after the operation (it became covered in hair).
Procedural History
The jury was instructed to award damages based on restitution damages (the difference between Hawkin's prior hand and his now-hairy hand).
Comments
- "Case of the Hairy Hand." It is famous for its mention in the movie and novel The Paper Chase.
Case Text Links
Issue: Was what the Dr. said really a promise? Were the instructions to the Jury proper?
Holding: Yes, it was part of a valid contract. No, jury instructions were improper.
Reasons: The jury instructions should have specified expectation damages (the difference between a perfect hand as promised and the actual condition of the hand).
Judgment: New trial ordered.
