What If George Did Not Pay The Doctor's Fee?
Suppose Hawkins did not pay the fee in advance. After the operation, he is so angry that he refuses to pay the fee. What does the expectation measure award in this case?
To answer, review the calculation of Hawkins's expected damages.
In the promise-kept position, he has a perfect hand. In the result-of-breach position, he has a hairy, ugly hand that embarrasses him and diminishes his job prospects. Therefore:
The expectation measure awards the difference in value (measured in money) between a perfect hand
versus a hairy, ugly hand that causes embarrassment and diminishes job prospects.
The expectation measure (1) awards the difference in value (measured in money) between a perfect hand versus a hairy, ugly hand that causes embarrassment and diminishes job prospects,
but (2) subtracts the doctor's fee.