Hawkins v. McGee [1929]
84 N.H. 114 (1929) · Supreme Court of New Hampshire · New Hampshire, United States
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.
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.