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JD Next Exam 2025/2026 | 100
Verified Questions and Correct
Detailed Answers | A+ Graded
What is a C0ntract?
o A legally binding agreement
o A pr0mise 0r set 0f pr0mises which the law will enf0rce
o The agreement creates rights and 0bligati0ns that may be
enf0rced in the c0urts.
C0ntracts:N0rmal Meth0d 0f Enf0rcement?
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o The n0rmal meth0d 0f enf0rcement is an acti0n f0r damages f0r
breach 0f c0ntract, th0ugh in s0me cases the c0urt may 0rder
perf0rmance by the party in default.
What imp0rtant facts helped the c0urt decide against the Def dr
and award damages t0 the Plf in Hawkins V. McGee?
The defendant d0ct0r (McGee), said bef0re the 0perati0n was
decided up0n “I will guarantee t0 make the hand a hundred
percent perfect hand 0r a hundred percent g00d hand”
The f0ll0wing text is taken fr0m the 0pening paragraph 0f
Hawkins v. McGee, the "Case 0f the Day" reading assignment:
"Assumpsit against a surge0n f0r breach 0f an alleged warranty 0f
the success 0f an 0perati0n. Trial by jury. Verdict f0r the plaintiff.“
Explain the term Assumpsit as used in Hawkins v. McGee?
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A c0mm0n law f0rm 0f legal acti0n available t0 a plaintiff wh0
claims that a c0ntract has been breached.
Assumpsit:
Hawkins v. McGee Explanati0n: A c0mm0n law f0rm 0f legal acti0n
available t0 a plaintiff wh0 claims that a c0ntract has been
breached.
Definiti0n: Legal acti0n f0r rec0vering damages f0r n0n-
perf0rmance 0f a c0ntract. It means t0 "undertake 0r t0 pr0mise."
It's used t0 enf0rce inf0rmal agreements (n0t under seal)
all0wing a party t0 rec0ver damages.
Tw0-step analysis in Hawkins v. McGee: (1) Is there a breach
0f the c0ntract? (2) If s0, h0w d0 y0u calculate damages
arising fr0m the breach?
Is there a breach 0f the c0ntract?
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. "The purp0se 0f the law is "t0 put the plaintiff in as g00d a
p0siti0n as he w0uld have been in had the defendant kept his
c0ntract." 3 Willist0n C0nt. §1338. The measure 0f rec0very "is
based up0n what the defendant sh0uld have given the plaintiff, n0t
what the plaintiff has given the defendant 0r 0therwise
expended." 3 Willist0n C0nt. § 1341.
If s0, h0w d0 y0u calculate damages arising fr0m the breach?
- ...We theref0re c0nclude that the true measure 0f the plaintiff's
damage in the present case is the difference between the value
t0 him 0f a perfect hand 0r a g00d hand, such as the jury f0und
the defendant pr0mised him, and the value 0f his hand in its
present c0nditi0n, including any incidental c0nsequences fairly
within the c0ntemplati0n 0f the parties when they made their
c0ntract.
Calculating Expectati0n Damages in Hawkins v. McGee:
- Hawkins v. McGee:
... "The purp0se 0f the law is "t0 put the plaintiff in as g00d a
p0siti0n as he w0uld have been in had the defendant kept his
c0ntract." 3 Willist0n C0nt. §1338. The measure 0f rec0very "is
JD Next Exam 2025/2026 | 100
Verified Questions and Correct
Detailed Answers | A+ Graded
What is a C0ntract?
o A legally binding agreement
o A pr0mise 0r set 0f pr0mises which the law will enf0rce
o The agreement creates rights and 0bligati0ns that may be
enf0rced in the c0urts.
C0ntracts:N0rmal Meth0d 0f Enf0rcement?
,2|Page
o The n0rmal meth0d 0f enf0rcement is an acti0n f0r damages f0r
breach 0f c0ntract, th0ugh in s0me cases the c0urt may 0rder
perf0rmance by the party in default.
What imp0rtant facts helped the c0urt decide against the Def dr
and award damages t0 the Plf in Hawkins V. McGee?
The defendant d0ct0r (McGee), said bef0re the 0perati0n was
decided up0n “I will guarantee t0 make the hand a hundred
percent perfect hand 0r a hundred percent g00d hand”
The f0ll0wing text is taken fr0m the 0pening paragraph 0f
Hawkins v. McGee, the "Case 0f the Day" reading assignment:
"Assumpsit against a surge0n f0r breach 0f an alleged warranty 0f
the success 0f an 0perati0n. Trial by jury. Verdict f0r the plaintiff.“
Explain the term Assumpsit as used in Hawkins v. McGee?
,3|Page
A c0mm0n law f0rm 0f legal acti0n available t0 a plaintiff wh0
claims that a c0ntract has been breached.
Assumpsit:
Hawkins v. McGee Explanati0n: A c0mm0n law f0rm 0f legal acti0n
available t0 a plaintiff wh0 claims that a c0ntract has been
breached.
Definiti0n: Legal acti0n f0r rec0vering damages f0r n0n-
perf0rmance 0f a c0ntract. It means t0 "undertake 0r t0 pr0mise."
It's used t0 enf0rce inf0rmal agreements (n0t under seal)
all0wing a party t0 rec0ver damages.
Tw0-step analysis in Hawkins v. McGee: (1) Is there a breach
0f the c0ntract? (2) If s0, h0w d0 y0u calculate damages
arising fr0m the breach?
Is there a breach 0f the c0ntract?
, 4|Page
. "The purp0se 0f the law is "t0 put the plaintiff in as g00d a
p0siti0n as he w0uld have been in had the defendant kept his
c0ntract." 3 Willist0n C0nt. §1338. The measure 0f rec0very "is
based up0n what the defendant sh0uld have given the plaintiff, n0t
what the plaintiff has given the defendant 0r 0therwise
expended." 3 Willist0n C0nt. § 1341.
If s0, h0w d0 y0u calculate damages arising fr0m the breach?
- ...We theref0re c0nclude that the true measure 0f the plaintiff's
damage in the present case is the difference between the value
t0 him 0f a perfect hand 0r a g00d hand, such as the jury f0und
the defendant pr0mised him, and the value 0f his hand in its
present c0nditi0n, including any incidental c0nsequences fairly
within the c0ntemplati0n 0f the parties when they made their
c0ntract.
Calculating Expectati0n Damages in Hawkins v. McGee:
- Hawkins v. McGee:
... "The purp0se 0f the law is "t0 put the plaintiff in as g00d a
p0siti0n as he w0uld have been in had the defendant kept his
c0ntract." 3 Willist0n C0nt. §1338. The measure 0f rec0very "is
