Harry is a young schoolboy, who one day suffers a most unfortunate accident. Playing with his friends, they move a little too close to an electrical transmission line. Somehow, Harry’s left hand is severely burned, almost beyond recognition.

He rushes to his parents, and they in turn rush him to the hospital. There, they all encounter a very self-confident doctor. Examining Harry’s hand, the doctor remarks, “Well, it is badly burnt. But I am an expert in this sort of issue and can promise you that, after my procedure, Harry will have a one hundred percent perfect hand.”

So the doctor does the surgery, but the product was well short of “one hundred percent perfect.” In fact, Harry’s hand turns out to be covered in thick, animal-like hair following the doctor’s procedure.

Harry and his parents are furious, and they decide to sue the doctor. For the sake of this problem, let’s make the following assumptions: Harry suffered serious pain and suffering from this procedure, and the court would give him damages of $75 for that, should it be forced to calculate them. Furthermore, Harry’s hand is worth $400 in its current state, covered with hair. A perfect hand would be worth $900 to him, however. The surgery cost $100 to perform, and the doctor billed Harry’s insurance company for his charges. The insurance company paid promptly and as requested.

1. Accounting for all of that, do Harry and his parents have a suit that they could bring in contract? That is, do you see a promise that has been broken?

Yes, Harry's parents have a suit.

No, they don't have a suit.

unanswered

2. Assuming that the doctor is liable —that he was in breach— what would Harry’s damages be?