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George A. Mcgee Case Brief

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George A. Hawkins, the plaintiff, scarred his hand in 1922 because of an electrical wire. In 1931, his father was approached in New Hampshire by Edward R. B. McGee, a local doctor who promised “to make the hand a hundred per cent perfect hand”. In fact, McGee, the defendant, solicited Hawkins' father on numerous occasions so as to convince him to proceed with the operation. Hawkins and his father consented to operation, during which McGee sought to remove the scar by employing a 'skin grafting' technique with poor prior experience. Rather than using skin from the thigh like he had promised, McGee took skin from Hawkins' chest. In addition to the pain and suffering underwent by Hawkins, the operation caused his hand to grow thick hair.

Hawkins sought damages for breach of contract in trial court in New Hampshire, because of McGee's unsuccessful surgery. The trial court instructed the Jury that it could consider pain and suffering of the operation as well as positive ill effects of the operation. The jury agreed that a contract had been formed between McGee and Hawkins, and ruled in Hawkins' favor by …show more content…
According to the plaintiff, he should be recovered from the losses incurred because of the breach of contract (including pain and suffering from the operation) and those damages should take into account what he was promised as face-value (“ a hundred percent perfect hand”) since McGee used this wording to persuade Hawkins to undergo surgery and enter the contract. By contrast, the defendant argued that no reasonable man would expect to receive a “hundred percent perfect hand” even if those words were pronounced - such words could not reasonably be understood as an intention of entering into a contractual obligation of delivering “a hundred percent good hand” but rather, as an expression of McGee's strong belief about the success of the operation delivering “a very good

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