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Editing Hawkins v. McGee
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|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= | |date=1929 | ||
|subject=Contracts | |subject=Contracts | ||
|facts= | |case_treatment=No | ||
|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). | |||
Defendant Dr. McGee promised Plaintiff Hawkins that his hand would be a " | |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). | ||
|procedural_history= | |comments=*"[https://www.findlaw.com/legal/law-students/surviving-law-school/hawkins-v--mcgee-case-summary.html Case of the Hairy Hand]." It is famous for its mention in the movie and novel ''The Paper Chase.'' | ||
The jury was instructed to award damages based on restitution damages (the difference between | |||
|comments=*"[https://www.findlaw.com/legal/law-students/surviving-law-school/hawkins-v--mcgee-case-summary.html Case of the Hairy Hand]." It is famous for its mention in the movie and novel ''The Paper Chase'' | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|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 | |||
}} | }} | ||
}} | }} | ||
'''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. |