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