Thursday, October 22, 2009

Hawkins v. McGee- (New Hampshire Supreme Court, 1929)

While coming in for several routine tune ups for his cybernetic prosthetic, Medical Droids 2-1B and FX-7 attempted to persuade Luke Skywalker that they could repair his hand and make it "as good as new", further promising him "one hundred percent good hand".

Despite their poor grammar, after several visits the Droids were successful and Luke agreed to undergo their procedure. The droids used an experimental form of "skin grafting" and removed skin from Luke's chest to use as the "new" tissue for the hand. Unfortunately, the tissue used for the graft continued to grow chest hair, and Luke's hand became increasingly hairy, leading to his need to wear a black glove over the hand at almost all times (see, Return of the Jedi).

Luke sued the droids for breach of contract, as well as pain and suffering. The court dismissed the claim for pain and suffering stating that these effects were inherently a part of the procedure that Luke agreed to; however, the court did hold that the Droids were liable to Luke for breach of contract, and that the damages the Droids owed to Luke should be equal to the difference to the hand he received (one that was disgusting and hairy) and the one he was promised (one that was "one hundred percent good hand"). This was based on the reasoning of "expectation interest" which aims to place Luke in the position he would have been, had the Droids not breached the contract.

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