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Contracts Keyed to Fuller
Hawkins v. McGee
Citation:Hawkins v. McGee, Supreme Court of New Hampshire, 1929. 84 N.H. 114, 1146 A. 641.
ProfessorMelissa A. Hale
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Hawkins was an eleven year old boy who burned his hand on a wood-burning stove. McGee performed surgery on Hawkins to remove scar tissue from his hand, and replace it with a skin graft from Hawkin’s chest. McGee guaranteed the success of the surgery to Hawkins and his family by stating “I will guarantee to make the hand a hundred percent perfect hand.” The surgery was not performed successfully, as hair grew on Hawkins’ hand. Subsequently, Hawkins sued McGee for breach of an alleged warranty of the success of the operation, seeking to recover damages for the pain and suffering of the operation as well as the ill effects he suffered afterwards.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.