Hawkins v. McGee [1929]

84 N.H. 114 (1929) · Supreme Court of New Hampshire · New Hampshire, United States

contract lawcontract lawremedies law

Issue

How should damages be measured for breach of a promised surgical result?

Held

Expectation damages measured the difference between promised and actual result.

Exam use

Review the ratio and reasoning before applying this case in problem questions.

Summary

Classic expectation damages case.

Facts

A doctor promised a patient a perfect hand after surgery, but the result was unsuccessful.

Issue

How should damages be measured for breach of a promised surgical result?

Held

Expectation damages measured the difference between promised and actual result.

Ratio Decidendi

Expectation damages place the plaintiff in the position performance would have produced.

Reasoning

Contract damages protect the benefit of the bargain.

Essay-Ready Explanation Generator

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Reference to Hawkins v. McGee (84 N.H. 114 (1929)) strengthens a contract law answer because the case reflects the principle that Expectation damages place the plaintiff in the position performance would have produced. Applied to a problem question, the case should be used after identifying the issue as How should damages be measured for breach of a promised surgical result? The stronger essay move is to connect the material facts to the court's holding, then explain whether the present facts support the same conclusion or justify distinguishing the authority.

Significance

Classic expectation damages case.

Related Cases

No related cases listed.

Exam Tips

Review the ratio and reasoning before applying this case in problem questions.

Revision Checklist

  • Name the issue before discussing facts so the marker sees the legal question immediately.
  • State the holding in one sentence, then use the ratio to explain why the court reached that result.
  • Use the citation and jurisdiction to show why this authority matters for the problem you are answering.
  • Pair this case with one supporting or contrasting authority if the question tests limits, policy, or exceptions.

Sources