What was the outcome of the procedure performed by McGee?
Brief Fact Summary. ‘ A doctor agreed to perform a surgical procedure on a patient’s hand, and promised certain results. The results were not achieved and suit was brought.
What was the issue in Hawkins v McGee?
The trial court improperly instructed the jury as to the measure of damages for defendant’s breach of warranty. Instead, the proper measure of damages was the difference between the value of a perfect hand and value of his hand in its post-operation condition.
What did Hawkins Sue McGee for and was it successful why?
A doctor, McGee, guaranteed 100% success in an operation to fix scarring on Hawkins’ hand. The operation was not successful. Hawkins sued McGee under a breach of contract theory. Hawkins won at trial, but the court found that the amount of the verdict was excessive.
What was the hairy hand case?
641 (1929), better known as The Hairy Hand Case. The case involved a young boy named George Hawkins whose hand was badly scarred. A surgeon named Edward R. B. McGee promised that an operation, which entailed the grafting of skin from Hawkins’s chest onto his hand, would leave Hawkins with a 100% good hand.
Who won the hairy hand case?
Ultimately, the case was settled when Hawkins, by then 19 years old, agreed to take $1,400 ($20,000 in today’s dollars) in June 1929. Four months later, the stock market crashed and the Great Depression began. McGee later unsuccessfully sued his malpractice insurance company to recover the damages he paid Hawkins.
What was the correct measure of expectation damages?
Measuring Expectation Damages: Expectation damages = Loss in Value + Other Loss – Cost Avoided – Loss Avoided.
Is Hawkins v McGee a real Supreme court case?
McGee, 84 N.H. 114, 146 A. 641 (N.H. 1929), is a leading case on damages in contracts handed down by the New Hampshire Supreme Court.
What is the name of the case cited as 84 NH 114?
Hawkins v. McGee
McGee, 84 N.H. 114, 146 A. 641 (N.H. 1929), is a leading case on damages in contracts handed down by the New Hampshire Supreme Court.
What was the Hawkins case?
In Hawkins’ case, Lew imposed additional, consecutive five-year terms for a 1969 conviction for armed robbery in California, a 1974 conviction for armed robbery in Arkansas, a 1974 conviction for bank robbery in California and a 1975 conviction for assault with a deadly weapon on a California parole officer.
What is an example of expectation damages?
For example, let’s imagine you ordered 100 bushels, meaning you would have had $1,000 worth of oranges had the contract been fulfilled. The court would calculate your expectation damages by subtracting the price you paid – $500 – from the value you expected to receive, resulting in $500 of damages.
Can you get both Reliance and expectation damages?
Although Expectation loss is the normal measure for assessing damages for breach of contract a claimant may claim reliance loss where it is not possible to calculate what their profits would have been if the contract had been performed, or if they made a bad bargain and expectation based damages would not lead to a …
What is Florida’s Statute of Frauds citation?
The statute of frauds is a legal tenet set forth in § 725.01, Fla. Stat. (2019). It was specifically created to protect people from dishonest conduct by mandating that certain contracts be made in writing.