Hawkins v. McGee
Encyclopedia
Hawkins v. McGee, 84 N.H. 114, 146 A. 641
(N.H.
1929), is a leading case on damages
in contract
s handed down by the New Hampshire Supreme Court
. It has come to be known as the "Hairy Hand" case from the circumstances, because a subsequent decision uses the phrase.
This case is famous for its mention in the John Jay Osborn, Jr.
novel The Paper Chase and in the film version of that work, as well as its use in legal education.
Hawkins sued under a theory of breach of contract and was paid for damages from the pain from the operation and the damage the operation had caused to his hand. The issue before the court was what type of damages should be awarded.
The court held that the amount of damages awarded should be equal to the difference between the value of what Hawkins was promised to receive—a "one hundred percent good hand" — and what he in fact received—a hairy palm—as well as any incidental losses he incurred as a result of the breach. This is known as expectation interest (or expectation damages), which attempts to put the plaintiff into a position where they would have been had the contract not breached. The court made a point of dismissing the argument towards damages for the pain and suffering because pain and suffering were an implicit part of the contract for surgery.
The case does not stand for the principle that expectation damages are the only proper measure of damages — there are many other measures. Another, for example, would be the cost to fix the hand, and another would be what it would be the difference between what Hawkins got and what he had before. The court found only that this was the proper measure of damages in a case of this kind in New Hampshire.
s on contract law for decades, and has come to be known as the "Hairy Hand" case because the subsequent decision in McGee v. United States Fidelity & Guaranty Co. (53 F.2D 953, 1st Circ.) uses the phrase. In that case, Doctor McGee sues his malpractice insurer for coverage of the damages awarded in the original lawsuit.
Professor Kingsfield refers to the "Hairy Hand" in the popular movie The Paper Chase. The Hawkins family did not know of the case's prominence in contract casebooks until 1964 when Gail Hawkins encountered it in her first-year contracts class at Boston University School of Law
. The family also did not learn about the case's use in The Paper Chase, until Gail's mother, Edith, saw the movie during its first run in 1973.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(N.H.
New Hampshire Supreme Court
The New Hampshire Supreme Court is the supreme court of the U. S. state of New Hampshire and sole appellate court of the state. The Supreme Court is seated in the state capital, Concord. The Court is composed of a Chief Justice and four Associate Justices appointed by the Governor and Executive...
1929), is a leading case on damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
in contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
s handed down by the New Hampshire Supreme Court
New Hampshire Supreme Court
The New Hampshire Supreme Court is the supreme court of the U. S. state of New Hampshire and sole appellate court of the state. The Supreme Court is seated in the state capital, Concord. The Court is composed of a Chief Justice and four Associate Justices appointed by the Governor and Executive...
. It has come to be known as the "Hairy Hand" case from the circumstances, because a subsequent decision uses the phrase.
This case is famous for its mention in the John Jay Osborn, Jr.
John Jay Osborn, Jr.
John Jay Osborn, Jr. is the author of the bestselling novel, The Paper Chase, a fictional account of one Harvard Law School student's battles with the imperious Professor Charles Kingsfield. The book was made into a movie starring John Houseman and Timothy Bottoms. Houseman won an Oscar for his...
novel The Paper Chase and in the film version of that work, as well as its use in legal education.
Background
Hawkins' hand was scarred from contact with an electrical wire. He was approached by McGee, a doctor, about having the scars removed. McGee guaranteed to make the injured hand a "one hundred percent good hand". McGee used a technique of "skin grafting" that he was unfamiliar with and failed to remove the scars. Because McGee used skin from Hawkins's chest area, the graft caused the palm of Hawkins' hand to grow thick hair.Hawkins sued under a theory of breach of contract and was paid for damages from the pain from the operation and the damage the operation had caused to his hand. The issue before the court was what type of damages should be awarded.
The court held that the amount of damages awarded should be equal to the difference between the value of what Hawkins was promised to receive—a "one hundred percent good hand" — and what he in fact received—a hairy palm—as well as any incidental losses he incurred as a result of the breach. This is known as expectation interest (or expectation damages), which attempts to put the plaintiff into a position where they would have been had the contract not breached. The court made a point of dismissing the argument towards damages for the pain and suffering because pain and suffering were an implicit part of the contract for surgery.
The case does not stand for the principle that expectation damages are the only proper measure of damages — there are many other measures. Another, for example, would be the cost to fix the hand, and another would be what it would be the difference between what Hawkins got and what he had before. The court found only that this was the proper measure of damages in a case of this kind in New Hampshire.
Later use
This case has been a staple of casebookCasebook
A casebook is a type of textbook used primarily by students in law schools. Rather than simply laying out the legal doctrine in a particular area of study, a casebook contains excerpts from legal cases in which the law of that area was applied. It is then up to the student to analyze the language...
s on contract law for decades, and has come to be known as the "Hairy Hand" case because the subsequent decision in McGee v. United States Fidelity & Guaranty Co. (53 F.2D 953, 1st Circ.) uses the phrase. In that case, Doctor McGee sues his malpractice insurer for coverage of the damages awarded in the original lawsuit.
Professor Kingsfield refers to the "Hairy Hand" in the popular movie The Paper Chase. The Hawkins family did not know of the case's prominence in contract casebooks until 1964 when Gail Hawkins encountered it in her first-year contracts class at Boston University School of Law
Boston University
Boston University is a private research university located in Boston, Massachusetts. With more than 4,000 faculty members and more than 31,000 students, Boston University is one of the largest private universities in the United States and one of Boston's largest employers...
. The family also did not learn about the case's use in The Paper Chase, until Gail's mother, Edith, saw the movie during its first run in 1973.