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CHAPTER I.

Damages in General.
Article I. General Principles.

II. Interest as Damages,
III. Exemplary Damages.

ARTICLE I.
General Principles.

Section.

Section. 3281. Person suffering detriment 3282. Detriment, what.

may recover damages. 3283. Injuries resulting after suit. 3281. Every person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault a compensation therefor in money, which is called damages.

3282. Detriment is a loss or harm suffered in person or property.

3283. Damages may be awarded, in a judicial proceeding, for detriment resulting after the commencement thereof, or certain to result in the future.

ARTICLE II.

Interest as Damages. Section.

Section. 3287. Persons entitled, damages, 3289. Limit rate by contract.

also interest thereon. 3290. Acceptance principal waives 3288. In actions, non-contract.

interest. 3287. Every person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in him upon a particular day, is entitled also to recover interest thereon from that day, except during such time as the debtor is prevented by law, or by the act of the creditor, from paying the debt.

3288. In an action for the breach of an obligation not arising from contract, and in every case of oppression, fraud, or malice, interest may be given, in the discretion of the jury.

3289. Any legal rate of interest stipulated by a contract remains chargeable after a breach thereof, as before, until the contract is superseded by a verdict or other new obligation.

3290. Accepting payment of the whole principal, as such, waives all claim to interest.

9. Acontine payment of the whole principal, as such,

ARTICLE III.

Exemplary Damages. 3294. Exemplary damages, when allowed.

3294. In an action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression, fraud, or malice, express or implied, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant. 1905—621.

CHAPTER II.

Measure of Damages.
Article I. Damages for Breach of Contract.

II. Damages for Wrongs.
III. Penal Damages.
IV. General Provisions.

ARTICLE I.

Damages for Breach of Contract. Section

Section 3300. Measure, breach of contract. 3311. Breach to buy personal 3301. Damages must be certain.

property. . 3302. Breach, contract, to pay 3312. Breach warranty title perliquidated.

sonal property. 3303. Dishonor foreign bill ex- 3313. Breach warranty quality change.

personal property. 3304. Detriment, breach covenant 3314. Breach warranty special of seisin.

purpose. 3305. Breach covenant against en- 3315. Breach carrier's obligation cumbrances.

to receive. 3306. Breach to convey real prop- 3316. Breach carrier's obligation erty.

deliver. 3307. Breach to buy real property. 3317. Carrier's delay. 3308. Breach to sell personal prop- 3318. Breach warranty of author

erty not paid for. 3309. Breach to deliver personal 3319. Breach promise of marriage. property fully paid.

3320. Banks' liability damages 3310. Breach to pay personal non-payment checks.

property sold.

ity.

3300. For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result therefrom. 1873 -265.

3301. No damages can be recovered for a breach of contract which are not clearly ascertainable in both their nature and origin.

3302. The detriment caused by the breach of an obligation to pay money only, is deemed to be the amount due by the terms of the obligation, with interest thereon.

3303. For the dishonor of foreign bills of exchange the damages are prescribed by sections three thousand two hundred and thirtyfive, three thousand two hundred and thirty-seven, and three thousand two hundred and thirty-eight.

3304. The detriment caused by the breach of a covenant of “seisin,” of “right to convey,” of “warranty,” or of “quiet enjoyment,” in a grant of an estate in real property, is deemed to be:

1. The price paid to the grantor; or, if the breach is partial only, such proportion of the price as the value of the property affected by the breach bore at the time of the grant to the value of the whole property;

2. Interest thereon for the time during which the grantee derived no benefit from the property, not exceeding five years;

3. Any expenses properly incurred by the covenantee in defending his possession.

3305. The detriment caused by the breach of a covenant against encumbrances in a grant of an estate in real property is deemed to be the amount which has been actually expended by the covenantee in extinguishing either the principal or interest thereof, not exceeding in the former case a proportion of the price paid to the grantor equivalent to the relative value at the time of the grant of the property affected by the breach, as compared with the whole, or, in the later case, interest on a like amount.

3306. The detriment caused by the breach of an agreement to convey an estate in real property, is deemed to be the price paid, and the expenses properly incurred in examining the title and preparing the necessary papers, with interest thereon; but in case of bad faith, the difference between the price agreed to be paid and the value of the estate agreed to be conveyed, at the time of the breach, and the expenses properly incurred in preparing to enter upon the land.

3307. The detriment caused by the breach of an agreement to purchase an estate in real property, is deemed to be the excess, if any, of the amount which would have been due to the seller, under the contract, over the value of the property to him.

3308. The detriment caused by the breach of a seller's agreement to deliver personal property, the price of which has not been fully paid in advance, is deemed to be the excess, if any, of the value of the property to the buyer, over the amount which would have been due to the seller under the contract, if it had been fulfilled.

3309. The detriment caused by the breach of a seller's agreement to deliver personal property, the price of which has been fully paid to him in advance, is deemed to be the same as in case of wrongful conversion.

3310. The detriment caused by the breach of a buyer's agreement to accept and pay for personal property, the title to which is vested in him, is deemed to be the contract price.

3311. The detriment caused by the breach of a buyer's agreement to accept and pay for personal property, the title to which is not vested in him, is deemed to be:

1. If the property has been resold, pursuant to section three thousand and forty-nine, the excess, if any, of the amount due from the buyer, under the contract, over the net proceeds of the resale; or,

2. If the property has not been resold in the manner prescribed by section three thousand and forty-nine, the excess, if any, of the amount due from the buyer, under the contract, over the value to the seller, together with the excess, if any, of the expenses properly incurred in carrying the property to market, over those which would have been incurred for the carriage thereof, if the buyer had accepted it.

3312. The detriment caused by the breach of a warranty of the title of personal property sold, is deemed to be the value thereof to the buyer, when he is deprived of its possession, together with any costs which he has become liable to pay in an action brought for the property by the true owner.

3313. The detriment caused by the breach of a warranty of the quality of personal property is deemed to be the excess, if any, of the value which the property would have had at the time to which the warranty referred, if it had been complied with, over its actual value at that time.

3314. The detriment caused by the breach of a warranty of the fitness of an article of personal property for a particular purpose, is deemed to be that which is defined by the last section, together with a fair compensation for the loss incurred by an effort in good faith to use it for such purpose.

3315. The detriment caused by the breach of a carrier's obligation to accept freight. messages. or passengers. is deemed to be the difference between the amount which he had a right to charge for the carriage and the amount which it would be necessary to pay for the same service when it ought to be performed.

3316. The detriment caused by the breach of a carrier's obligation to deliver freight, where he has not converted it to his own use, is deemed to be the value thereof at the place and on the day at which it should have been delivered, deducting the freightage to which he would have been entitled if he had completed the delivery.

3317. The detriment caused by a carrier's delay in the delivery of freight, is deemed to be the depreciation, in the intrinsic value of the freight during the delay, and also the depreciation, if any, in the market value thereof, otherwise than by reason of a depreciation in its intrinsic value, at the place where it ought to have been delivered, and between the day at which it ought to have been delivered, and the day of its actual delivery.

3318. The detriment caused by the breach of a warranty of an agent's authority, is deemed to be the amount which could have been recovered and collected from his principal if the warranty had been complied with, and the reasonable expenses of legal proceedings taken, in good faith, to enforce the act of the agent against his principal.

3319. The damages for the breach of a promise of marriage rest in the sound discretion of the jury.

3320. No bank shall be liable to a depositor because of the nonpayment through mistake or error, and without malice, of a check which should have been paid unless the depositor shall allege and

prove actual damage by reason of such non-payment and in such event the liability shall not exceed the amount of damage so proved. 1917-622,

ARTICLE II.
Damages for Wrongs.

Section

Section, 3333. Breach obligation other 3337. Same. than contract.

3338. Damages of lienor. 3334. Wrongful occupation of real 3339. Seduction. property.

3340. Injuries to animals. 3335. Willful holding over.

3341. Same. 3336. Conversion personal prop

erty. 3333. For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.

3334. The detriment caused by the wrongful occupation of real property, in cases not embraced in sections three thousand three hundred and thirty-five, three thousand three hundred and forty-four, and three thousand three hundred and forty-five of this code, or section eleven hundred and seventy-four of the Code of Civil Procedure, is deemed to be the value of the use of the property for the time of such occupation, not exceeding five years next preceding the commencement of the action or proceeding to enforce the right to damages, and the costs, if any, of recovering the possession.

3335. For willfully holding over real property, by a person who entered upon the same, as guardian or trustee for an infant, or by right of an estate terminable with any life or lives, after the termination of the trust or particular estate, without the consent of the party immediately entitled after such termination, the measure of damages is the value of the profits received during such holding over.

3336. The detriment caused by the wrongful conversion of personal property is presumed to be:

First. The value of the property at the time of the conversion, with the interest from that time, or, where the action has been prosecuted with reasonable diligence, the highest market value of the property at any time between the conversion and the verdict, without interest, at the option of the injured party; and

Second. A fair compensation for the time and money properly expended in pursuit of the property. 1877—90.

3337. The presumption declared by the last section cannot be repelled, in favor of one whose possession was wrongful from the beginning, by his subsequent application of the property to the benefit of the owner, without his consent.

3338. One having a mere lien on personal property, cannot recover greater damages for its conversion, from one having a right thereto superior to his, after his lien is discharged, than the amount secured

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