641 (N.H. 1929)). v. Varsity Brands, Inc. A doctor, McGee, guaranteed 100% success in an operation to fix scarring on Hawkins’ hand. To retrieve this case, Interestingly, the opinion never mentions that hair grew on Hawkins’ palm, but a subsequent case makes mention of that fact. June 4, 1929. Hawkins v. McGee146 A. videos, thousands of real exam questions, and much more. First, the New Hampshire Supreme Court found that McGee’s statement, guaranteeing a 100% perfect/good hand, created a contract between Hawkins and McGee. Hawkins brought suit against McGee on the ground that McGee violated an alleged warranty for the success of the operation. In Hawkins V. McGee, Hawkins was guaranteed a 100 percent perfect hand, but instead ended up with a hairy hand, not at the fault of a breech on contract, but at the fault of unintentional negligence. Argued October 14, 1958. Are contractual damages measured by the value of what a plaintiff would have received if the contract was not breached. 3. Decided by Warren Court . The operation was not successful. Hawkins sued McGee under a breach of contract theory. You also agree to abide by our Terms of Use and our Privacy Policy, and you may cancel at any time. 14,000 + case briefs, hundreds of Law Professor developed 'quick' Black Letter Law. poor legal interpretation. Synopsis of Rule of Law. Create . Hawkins appealed to the New Hampshire Supreme Court. The writ also contained a count in negligence upon which a nonsuit was ordered, without exception. Hannah Dorling GOVT 346-001 Dr. Rathsam September 18, 2020 Interactive Citation Worksheet #3 1. This case is famous for its mention in the John Jay Osborn, Jr. novel The Paper Chase and in the film version of … George Hawkins. The plaintiff is his patient Hawkins. SYLLABUS. Please check your email and confirm your registration. That is because there was evidence at trial showing that McGee solicited Hawkins and his father to do the surgery. Email Address: You can opt out at any time by clicking the unsubscribe link in our newsletter, If you have not signed up for your Casebriefs Cloud account Click Here, Thank you for registering as a Pre-Law Student with Casebriefs™. (4 Jun, 1929) 4 Jun, 1929; Subsequent References; Similar Judgments; HAWKINS v. McGEE. The New Hampshire Supreme Court ordered a new trial. The court concluded “[i]f the jury accepted this part of plaintiff’s contention, there would be a reasonable basis for the further conclusion that, if defendant spoke the words attributed to him, he did so with the intention that they should be accepted at their face value, as an inducement for the granting of consent to the operation by the plaintiff and his father, and there was ample evidence that they were so accepted by them.”, •    The court observed “[b]y ‘damages,’ as that term is used in the law of contracts, is intended compensation for a breach, measured in the terms of the contract.”  The purpose of an award of damages is “to put the plaintiff in as good a position as he would have been in had the defendant kept his contract.”   Further, recovery “is based upon what the defendant should have given the plaintiff, not what the plaintiff has given the defendant or otherwise expended.”  Additionally, “[t]he only losses that can be said fairly to come within the terms of a contract are such as the parties must have had in mind when the contract was made, or such as they either knew or ought to have known would probably result from a failure to comply with its terms.”  The court found that the damage calculation in this case was analogous to the damage calculate in a case where a machine is “built for a certain purpose and warranted to do certain work.”  As such, the court found that the appropriate damage calculation was “the difference between the value to the Plaintiff of a perfect hand or a good hand, such as the jury found the defendant promised him, and the value of his hand in its present condition, including any incidental consequences fairly within the contemplation of the parties when they made their contract.”  Accordingly, the Plaintiff’s suffering does not appropriately fit into this calculation, especially since the Plaintiff was willing to accept the pain knowing full well it would be a circumstance attendant to the operation. Following is the case brief for Hawkins v. McGee, 84 N.H. 114 (1929). Save Cancel. NOTE: This case is affectionately known as 'the hairy hand case,' and was made famous by the movie the Paper Chase. Relevant Facts. 1931). A link to your Casebriefs™ LSAT Prep Course Workbook will begin to download upon confirmation of your email [642] Transferred from Superior Court, Coos County; Scammon, Judge. McGee suggested a grafting operation, which he said would “guarantee” that Hawkins would have a 100% perfect/good hand as a result of the operation. 641 (N.H. 1929), is a leading case on damages in contracts handed down by the New Hampshire Supreme Court. Verdict for plaintiff, which was set aside. The results were not achieved and suit was brought. Following a trial, the jury found in favor of Hawkins. v. Edward R. B. McGee. Make social videos in an instant: use custom templates to tell the right story for your business. If you do not cancel your Study Buddy subscription, within the 14 day trial, your card will be charged for your subscription. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series™: Monthly Subscription ($19 / Month) Annual Subscription ($175 / Year). Hawkins v. McGee New Hampshire Supreme Court 84 N.H. 114, 146 A. New trial. The plaintiff George Hawkins sued Dr. Edward McGee. The measure of a plaintiff’s damages as a result of a breach of contract is the difference between the value plaintiff would have received if defendant did not breach the contract and the value that plaintiff actually received. 641 (N.H. 1929), [1] is a leading case on damages in contracts handed down by the New Hampshire Supreme Court.It has come to be known as the "Hairy Hand" case from the circumstances, because a subsequent decision uses the phrase. The trial court improperly instructed the jury that the measure of damages should be Hawkins’ pain and suffering. You have successfully signed up to receive the Casebriefs newsletter. But this ruling was, on Hawkins' exceptions, reversed by the New Hampshire court, Hawkins v. McGee, 84 N. H. 114, 146 A. This case offers an interesting discussion about when a doctor’s promises can be construed to form a contract and how damages are calculated if said contract is breached. Supreme Court of New Hampshire. Your Study Buddy will automatically renew until cancelled. Exaggerated his expertise and the actual result, this was the Defendant is the difference what. Is the famous “ Hairy hand case from the boy 's chest instead Hawkins hand! His father to do the surgery v. McGee, in fact, did not have experience! Verdict as excessive patient ’ s motion, however, the Defendant is the surgeon McGee a! 641 ( 1929 ) brief fact Summary on his hand grafting and sought Hawkins to get more with. 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