What is the issue of the Hawkins v McGee case?
Conclusion: 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 was the holding in Hawkins v McGee?
On appeal, the New Hampshire Supreme Court held that the amount of damages awarded should be equal to the difference between the value of what Hawkins was promised to receive—a “one hundred percent good hand” — and what he in fact received—a hairy palm—as well as any incidental losses he incurred as a result of the …
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 kind of damages were awarded in Hawkins v McGee?
In Hawkins v. McGee, 84 N.H. 114, 117, the rule of damages for breach of an express warranty was fully considered, and such damages were said to include “such incidental losses as the parties knew or ought to have known would probably result from failure to comply with its terms.”
Who won 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 is 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.
What type of damages are awarded in promissory estoppel cases?
Reliance damages are the type of damages awarded in promissory estoppel claims, although they can also be awarded in traditional contract breaches. This is appropriate because even if there is no bargain principle in the agreement, one party has relied on a promise and thus is damaged to the extent of their reliance.
What does Assumpsit mean in law?
Assumpsit, (Latin: “he has undertaken”), in common law, an action to recover damages for breach of contract.
What is suit for quantum meruit?
Quantum meruit is a claim under quasi-contract. The remedy to a party in a breach of contract is the suit upon quantum meruit. The suit upon quantum meruit arises where a part of a contract is performed by one party and then there is a breach of contract or it is discovered that the contract is void or becomes void.