One of the most significant case examples for breach of contract under expectation damages is that of Hadley v. Baxendale, 156 Eng. Rep. 145. In the case, at a mill, a crank shaft ended up breaking and the owner of the miller had to consider sending the piece to the manufacturer for making a new one that should be exactly the same (Danzig, 1975). The owner of the mill and the courier that was used for sending the crank shaft had been involved in a contract to deliver it to the manufacturer the next day. However, the contract was breached by the courier and the delivery was not made until several days. The courier was sued by the mill for the loss of profits that he might have made if the delivery was done on time. Though the recovery for loss of profits was ruled out by the court, it was mentioned that in these types of cases, the injured party can claim for the damages caused naturally as contract is breached.
Further ahead, in the case of Hawkins v. McGee, 84 N.H. 114, 146 A. 641 (N. H. 1929), Hawkins went through a surgery for repairing scar tissue on his hand as a result of a burn. 100 per cent guarantee was provided to Hawkins by McGee. However, as a result of certain medical complication, success was not achieved in the surgery and Hawkins was provided with a hairy hand. Damages were sought by Hawkins for breaching the contract because of the failure of McGee for the delivery of performance that includes suffering and pain (Boshkoff 1991). The claims of tort could not be brought by Hawkins as no negligence had been proved.
Even though the above mentioned cases were unsuccessful in claiming the expectation damage, in the case provided for the paper, it will be favourable for claiming the damage under the provision of contract law.