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Hawkins v. McGee, 84 N.H. 114, 146 A. 641 (N.H. 1929)

Facts:

P had operation on hand/ D (a doctor) guaranteed the hand would be perfect and it was not

Ratio:

• The true measure of the plaintiff’s damages is the difference between the value to him of a perfect hand or a good hand (what he was promised), and the value of his hand in present condition. NOTE: this is an abnormal way to measure damages

Analysis:

Ps pain and suffering are not taken into account – it was the expense he was willing to pay to get the profits (cant claim both).


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