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Hawkins v. McGee
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| Hawkins v. McGee | |
| Court | New Hampshire Supreme Court |
|---|---|
| Citation | 84 N.H. 114, 146 A. 641 (1929) |
| Date decided | 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.
