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    Hawkins v. McGee

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    SALannert
    - The plaintiff underwent a surgery by the defendant to remove scar tissue from his hand and replace it with a skin graft from his chest. The defendant stated he would guarantee to make the hand "100 percent perfect." However, the plaintiff's hand was left badly deformed. - At trial, the court instructed the jury they could consider the pain and suffering from the operation and effects on the plaintiff's hand. The appellate court ordered a new trial on the calculation of damages. - The issues are whether the defendant's words could be interpreted as a warranty and the question of appropriate damages in such a case. The document provides no information on the rules of law, holding, reasoning or disposition.

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    Hawkins v. McGee

    Uploaded by

    SALannert
    326 views2 pages
    - The plaintiff underwent a surgery by the defendant to remove scar tissue from his hand and replace it with a skin graft from his chest. The defendant stated he would guarantee to make the hand "100 percent perfect." However, the plaintiff's hand was left badly deformed. - At trial, the court instructed the jury they could consider the pain and suffering from the operation and effects on the plaintiff's hand. The appellate court ordered a new trial on the calculation of damages. - The issues are whether the defendant's words could be interpreted as a warranty and the question of appropriate damages in such a case. The document provides no information on the rules of law, holding, reasoning or disposition.

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    Case Brief

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    - The plaintiff underwent a surgery by the defendant to remove scar tissue from his hand and replace it with a skin graft from his chest. The defendant stated he would guarantee to make the hand "100 percent perfect." However, the plaintiff's hand was left badly deformed. - At trial, the court instructed the jury they could consider the pain and suffering from the operation and effects on the plaintiff's hand. The appellate court ordered a new trial on the calculation of damages. - The issues are whether the defendant's words could be interpreted as a warranty and the question of appropriate damages in such a case. The document provides no information on the rules of law, holding, reasoning or disposition.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    326 views2 pages

    Hawkins v. McGee

    Uploaded by

    SALannert
    - The plaintiff underwent a surgery by the defendant to remove scar tissue from his hand and replace it with a skin graft from his chest. The defendant stated he would guarantee to make the hand "100 percent perfect." However, the plaintiff's hand was left badly deformed. - At trial, the court instructed the jury they could consider the pain and suffering from the operation and effects on the plaintiff's hand. The appellate court ordered a new trial on the calculation of damages. - The issues are whether the defendant's words could be interpreted as a warranty and the question of appropriate damages in such a case. The document provides no information on the rules of law, holding, reasoning or disposition.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 2

    Contracts

    CITATION: Hawkins v. McGee


    New Hampshire Supreme Court, 1929.
    84 N.H. 114, 146 A. 641
    PARTIES: Plaintiff
    !efen"ant
    CAUSE OF ACTION:
    DEFENSE(s):
    PROCEDURAL HISTOR: #ur$ trial % Court foun" trial courts char&e to the 'ur$ was
    erroneous (the trial court ha" instructe" that the 'ur$ coul" consi"er the (1) *pain + sufferin& "ue
    to the operation, an" (2) positi-e ill effects of the operation upon the P.s han"/,
    0t or"ere" a new trial on the calculation of "ama&es (court of Appeals). 1e ta2e up the 3uestion
    of "ama&es in such a case
    FACTS:
    4emo-al of scar tissue from P.s ri&ht han"
    5raft from P.s chest for han"
    ! sai", *0 will &uarantee to ma2e the han" a hun"re" percent perfect6&oo" han"/
    o 5i-in& of a warrant$ to P
    ! claims it was not a warrant$ % no reasona7le man woul" un"erstan" the$ were use" for
    enterin& into a contract
    8ther factors that cause P to ta2e it as a warrant$
    o ! repeate"l$ solicite" from P.s father opportunit$ to "o the &raft
    o 9heor$ % ! wante" to *e:periment on s2in &raftin&/
    ISSUE(s): whether the wor"s coul" possi7l$ ha-e the meanin& impute" to them 7$ the part$
    who foun"s his case upon a certain interpretation
    ;<uestion of "ama&es;
    RULES OF LA!:
    HOLDING:
    REASONING:
    DISPOSITION:
    COMMENTS:

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