Hawkins v McGee and Expectation Damages

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These flashcards cover key concepts from the lecture about the case Hawkins v. McGee and the principles of expectation damages in contract law.

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10 Terms

1
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What is the main focus of the case Hawkins v. McGee?

The case focuses on the expectations of the boy and his father regarding the doctor's promise.

2
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What are expectation damages in the context of Hawkins v. McGee?

Expectation damages aim to put the plaintiff in the position they would have been in if the contract had been fulfilled.

3
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How does Hawkins v. McGee define the measure of recovery for expectation damages?

The measure of recovery is the difference between the value of the promised outcome (a perfect hand) and the actual outcome.

4
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What does the court in Hawkins v. McGee state about the purpose of law in contract disputes?

The purpose of law is to place the plaintiff in as good a position as they would have been if the contract was kept.

5
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What is an example of a social relationship that might lead to a contract?

A father promising to leave all his money to his firstborn son in his will.

6
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What is the role of expectations in contract law as discussed in the lecture?

Expectations are central to determining whether a legally binding contract exists and what damages may arise from breaches.

7
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What should the jury determine in the case of Hawkins v. McGee?

The jury should determine the value of a good hand to the plaintiff, as that represents the promise made by the doctor.

8
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How are contracts described in relation to social relationships?

Contracts arise from social relationships and often involve promises and agreements.

9
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What is an implied contract?

An implied contract is formed through actions or circumstances, rather than explicit written or spoken agreements.

10
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What type of expectations must be recognized for a contract to be enforceable?

Legally recognizable expectations must be created in the relationship between the parties.

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