Expectation and Reliance Flashcards
Hawkins v. Mcgee: facts
After plaintiff injured his hand, he sought medical treatment from defendant. The defendant proposed surgery by using skin from plaintiff’s chest and grafting it onto plaintiff’s injured palm, and he guaranteed that plaintiff could return to work a few days afterward with “a 100 percent perfect hand.” Plaintiff’s recovery time was longer and the palm of his hand began growing thick hair like that on his chest. Dissatisfied with the results of the operation, plaintiff and sued defendant for breach of contract alleging that defendant provided a warranty that his hand would be perfect. The jury reached a verdict in plaintiff’s favor and awarded him damages in accordance with the trial court’s instructions, namely awarding him damages for the pain from the operation and the damage the operation had caused to his hand. Judgment was entered in favor of plaintiff. Defendant appealed.
Hawkins v. Mcgee: legal issues
Where a party’s performance under a contract for medical care falls below the standard warranted, should the measure of damages include tort damages for pain and suffering, as well as impairment?
Hawkins v. Mcgee: holding
No, Where a party’s performance under a contract for medical care falls below the standard warranted, the measure of damages should not include tort damages for pain and suffering, as well as impairment
Hawkins v. Mcgee: reasoning
The trial court improperly instructed the jury as to the measure of damages for defendant’s breach of warranty. Instead, the proper measure of damages was the difference between the value of a perfect hand and value of his hand in its post-operation condition. In short, the plaintiff was limited to recover only his expectation damages. The pain resulting from the operation was a legal detriment suffered by plaintiff in consideration for the contract. The action was reversed for a new trial with corrected instructions.
Nurse v. Barnes: facts
In exchange for 10 pounds, the plaintiff granted the defendant the right to use his iron mills for six months. The defendant breached the agreement. The jury awarded the plaintiff 500 pounds, notwithstanding the fact that the iron mills were worth only 20 pounds per year. The defendant appealed.
Nurse v. Barnes: legal issues
Was the plaintiff entitled to special damages amounting to more than the contract value?
Nurse v. Barnes: holding
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Nurse v. Barnes: reasoning
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