Cameron Miranda
Law students are often encouraged to familiarize themselves with landmark cases to prepare for their first year of law school. Case opinions are considered the building blocks of legal knowledge, and while they may seem like a foreign language at first, they become easier to absorb with repeated exposure. Reading about famous cases can be a great way to expand legal knowledge, deepen critical thinking skills, and enhance reasoning abilities. Some of the most famous cases include the hairy hand case, Hawkins v. McGee, which discusses expectation damages and serves as a classic example of contract law; the snail in the bottle case, which launched the modern law of negligence; and Dudley and Stephens, which explores the boundaries of morality, necessity in criminal law, and the ethical limits of legal defences. Other notable cases include Dobbs v. Jackson Women's Health Organization, which ruled on abortion rights and the balance between privacy and state powers; Gideon v. Wainwright, which established the right to counsel in criminal cases; and the arrest of former Chilean dictator General Pinochet, which sent a strong message about accountability for leaders committing human rights abuses. These cases not only provide legal insights but also offer a window into the human experience, shaping the laws that govern society.
| Characteristics | Values |
|---|---|
| Cases involving nuisance | Neighbours playing loud music, cricket balls landing in a neighbour's garden, and a neighbour firing a gun to disrupt a fox breeding business |
| Contract law | Hawkins v. McGee, Carlill v. The Carbolic Smoke Ball Company |
| Tort law | Palsgraf v. Long Island Railroad, Pierson v. Post, Summers v. Tice |
| Property law | Pierson v. Post |
| Civil procedure | Pennoyer v. Neff, Ashcroft v. Iqbal, International Shoe Co. v. Washington |
| Criminal law | Dudley and Stephens v. R (cannibalism), Dobbs v. Jackson Women's Health Organization, Gideon v. Wainwright |
| Human rights law | Pinochet |
| Negligence | Donoghue v. Stevenson (the "snail in the bottle" case) |
| Tax avoidance | Pringles' status as a crisp |
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What You'll Learn
Contract law: Hawkins v McGee (1929)
Hawkins v. McGee, 84 N.H. 114, 146 A. 641 (1929), is a contract law case known as the "Case of the Hairy Hand". It is a classic case that is frequently taught in law schools and is also famously featured in the movie and novel "The Paper Chase".
The case involved a patient, Hawkins, who sued Dr. McGee for negligence and breach of contract after a skin graft operation left his hand with thick hair growing from the palm. Hawkins claimed that Dr. McGee had promised him a "one hundred percent good hand" or that it would be made "100% perfect". The trial court dismissed the negligence claim but allowed the contract claim to proceed to trial.
The question before the court was how to measure damages in a medical malpractice case brought under a breach of contract theory. The court defined this measure as ""expectation damages", which is the difference in value between the post-operative hand and the perfect hand promised by the physician. In other words, the purpose of the law is to put the plaintiff in the position they would have been in if the defendant had not breached the contract.
The New Hampshire Supreme Court held that the amount of damages awarded should be equal to the difference between the value of what Hawkins was promised to receive and what he actually received, plus any incidental losses. This included damages for pain and suffering, as well as impairment or harm done to the hand by the surgery. The court's decision discusses "expectation damages", teaching that a breach of contract entitles the injured party to the benefit of the bargain, not just reimbursement for losses.
After the decision, the parties reached a settlement of $1,400. Dr. McGee then filed a claim with his malpractice carrier, but the carrier denied coverage on the ground that the claim was based on breach of contract and not negligence. This led to another case, McGee v. United States Fidelity and Guaranty Co., where the U.S. Court of Appeals affirmed that the malpractice policy covered negligence but not breach of contract.
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Civil rights: Dobbs v Jackson Women's Health Organization (2022)
Civil rights: Dobbs v. Jackson Women's Health Organization (2022)
Dobbs v. Jackson Women's Health Organization (2022) is a landmark decision and one of the must-know law cases for law students. The case addressed the question of whether the Constitution protects the right to an abortion.
The Supreme Court reviewed the constitutionality of Mississippi's Gestational Age Act, which banned most abortions after 15 weeks of pregnancy, with exceptions for medical emergencies and fetal abnormalities. In a divided opinion, the Court upheld the Mississippi law, concluding that the Constitution does not protect the right to an abortion. This decision overturned the longstanding precedent set by Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), which had established that the Constitution safeguards a woman's right to decide for herself whether to bear a child, especially in the early stages of pregnancy.
The Dobbs case sparked intense debates about civil rights, liberties, and the balance between privacy and state powers in constitutional law. It raised questions about the role of the state in regulating abortion and the protection of women's health and life. The Court's decision returned the issue of abortion regulation to the elected branches, allowing each state to address abortion laws according to the views of its citizens.
The Dobbs case is often studied alongside other notable cases such as Roe v. Wade and Planned Parenthood v. Casey to understand the evolution of legal perspectives on abortion and the complex interplay between personal freedoms and government interests. The case also highlights the impact of judicial decisions on societal values and the potential for legal precedents to be overturned.
Another case that law students often encounter is Hawkins v. McGee, a classic contract law case from 1929. This case involves a doctor who promised to make a patient's hand "100% perfect" after a skin graft, but the patient sued as the result was not as promised. The court's decision discussed "expectation damages," establishing that a breach of contract entitles the injured party to benefits beyond just reimbursement for losses.
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Tort law: Palsgraf v Long Island Railroad
Palsgraf v. Long Island Railroad Co. is a leading case in American tort law on the question of liability to an unforeseeable plaintiff. The case was heard by the New York Court of Appeals in 1928, with the opinion being written by Chief Judge Benjamin Cardozo, a leading figure in the development of American common law.
The plaintiff, Helen Palsgraf, was at a Long Island Railroad station in 1924 while taking her daughters to the beach. Two men attempted to board the train; one of them, aided by railroad employees, dropped a package that exploded, causing a large coin-operated scale on the platform to hit her. After the incident, Palsgraf began to stammer and subsequently sued the railroad, arguing that its employees had been negligent while assisting the man, and that she had been harmed by their neglect.
The original jury verdict favoured Palsgraf, but this was overturned, and the railroad won the case. Cardozo's conception, that tort liability can only occur when a defendant breaches a duty of care owed to a plaintiff, causing the injury sued for, has been widely accepted in American law. Cardozo emphasised that negligence cannot impose liability where an intentional act would not, and that negligence that does no one harm is not a tort. In other words, it is not enough to prove negligence by the defendant and damage to the plaintiff; there must be a breach of duty owed to the plaintiff by the defendant.
The case is famous for helping set the standard for negligence and liability in American personal injury law, and it is considered a notable introduction to tort law for generations of law students. The rule established by Cardozo's ruling has since become known as the "zone of danger" test.
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Criminal law: Dudley and Stephens
The case of Dudley and Stephens (R v Dudley and Stephens) is a notable one in criminal law, often studied by law students. The case established a precedent that 'necessity' cannot be used as a defence for murder.
The facts of the case are as follows: Dudley, Stephens, and Brooks, along with a young seaman named Parker, were stranded at sea without sufficient food and water. After twenty days, Dudley and Stephens proposed that one person should sacrifice themselves to save the others. They decided to kill Parker, the youngest, and ate his body. They were rescued four days later.
Dudley and Stephens were charged with murder. They argued that their actions were justifiable due to the extreme necessity of their situation. However, the court ruled that killing an innocent person to save oneself, even under extreme necessity, does not justify murder. The court emphasised that temptation is not an excuse for murder and that unfortunate circumstances do not lend leniency to the legal definition of the crime. Dudley and Stephens were found guilty and sentenced to death, although their sentences were later commuted to six months in prison.
This case highlights the importance of upholding the sanctity of human life, even in the face of dire circumstances. It sets a clear precedent that murder cannot be justified on the grounds of necessity, reinforcing the value of human life in legal decision-making.
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Human rights law: General Pinochet's arrest (1998)
General Augusto Pinochet, the former Chilean dictator, was arrested in London on 16 October 1998. This event, based on the principle of universal jurisdiction, changed the idea of international justice. Acting on a Spanish warrant, the London police charged Pinochet with human rights crimes committed during his 17-year rule in Chile. The British courts rejected his claim of immunity, asserting that he could be extradited to Spain for trial.
Pinochet's arrest marked a watershed in international law, sending a strong message about accountability for leaders committing human rights abuses. It was the first instance of a former head of state being arrested based on universal jurisdiction, which holds that certain crimes are so heinous that they constitute crimes against humanity and can be prosecuted in any court worldwide. This case highlighted that public officials do not have immunity under international law, and that there should be no "safe haven" for perpetrators of serious crimes.
The process began in July 1996 when Spanish lawyer Joan Garcés, along with Amnesty International, started judicial procedures to indict Pinochet using universal jurisdiction. In 1999, UK magistrates ruled that Pinochet should be extradited to Spain, but this never occurred due to political pressure and his release on health grounds in 2000. Pinochet died in 2006, having been implicated in over 300 criminal charges for human rights violations.
The Pinochet case is significant for law students as it showcases the power of international law and universal jurisdiction in holding leaders accountable for human rights abuses. It also highlights the complexities of immunity for former heads of state and the potential for bias in judges involved in such cases.
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