Sec. Article C-Exemplary Damages 4661. Allowance of exemplary damages. SUBCHAPTER II-MEASURE OF DAMAGES Article A-Damages for Breach of Contract 4681. Measure of damages for breach of contract. 4682. Certainty of damages. 4683. Breach of contract to pay liquidated sum. 4684. Breach of carrier's obligation to receive goods, etc. 4685. Breach of carrier's obligation to deliver. 4686. Carrier's delay. 4687. Breach of warranty of agent's authority. 4688. Nonpayment of check. Article B-Damages for Wrongs 4701. Breach of obligation other than contract. 4702. Conversion of personal property; presumption. 4703. Same; application to benefit of owner. 4704. Same; damages of lienor. 4705. Seduction. 4706. Injuries to animals. 4707. Liability of owner of dog for damages suffered by dog bite. 4708. Damages for fraud in the purchase, sale or exchange of property. Article C-General Provisions 4721. Property of peculiar value. 4722. Value of instrument in writing. 4723. Damages prescribed as exclusive of exemplary damages and interest. 4724. Limitation of damages. 4725. Damages to be reasonable. 4726. Nominal damages. Subchapter I-Damages in General Article A-General Principles 84641. Damages for detriment from unlawful act or omission A 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. § 4642. Detriment defined Detriment is a loss or harm suffered in person or property. § 4643. Detriment after commencement of action Damages may be awarded, in a judicial proceeding, for detriment. resulting after the commencement thereof or certain to result in the future. Article B-Interest as Damages 8 4651. Recovery of interest on damages A 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. § 4652. Breach of obligation other than contract In an action for the breach of an obligation not arising from contract, and in a case of oppression, fraud, or malice, interest may be given, in the discretion of the court or jury. § 4653. Interest stipulated by contract Any legal rate of interest stipulated by a contract remains chargeable after a breach thereof, as before, until the contract is superseded by a judgment or other new obligation. § 4654. Waiver by accepting principal Accepting payment of the whole principal, as such, waives all claims to interest. Article C-Exemplary Damages § 4661. Allowance of exemplary damages 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. Subchapter II-Measure of Damages Article A-Damages for Breach of Contract § 4681. Measure of damages for breach of contract For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this title, 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. § 4682. Certainty of damages Damages may not be recovered for a breach of contract which are not clearly ascertainable in both their nature and origin. 8 4683. Breach of contract to pay liquidated sum 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. § 4684. Breach of carrier's obligation to receive goods, etc. 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. § 4685. Breach of carrier's obligation to deliver 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. 8 4686. Carrier's delay 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. 4687. Breach of warranty of agent's authority 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. § 4688. Nonpayment of check A bank is not 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 alleges and proves actual damage by reason of the nonpayment and in such event the liability shall not exceed the amount of damage so proved. Article B-Damages for Wrongs § 4701. Breach of obligation other than contract For the breach of an obligation not arising from contract the measure of damages, except where otherwise expressly provided by this title, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not. 84702. Conversion of personal property; presumption The detriment caused by the wrongful conversion of personal property is presumed to be: (1) the value of the property at the time of the conversion, with the interest from that time, or an amount sufficient to indemnify the party injured for the loss which is the natural, reasonable and proximate result of the wrongful act complained of and which a proper degree of prudence on his part would not have averted; and (2) a fair compensation for the time and money properly expended in pursuit of the property. § 4703. Same; application to benefit of owner The presumption declared by section 4702 of this title can not 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. § 4704. Same; damages of lienor One having a mere lien on personal property can not recover greater damages for its conversion, from one having a right thereto superior to his, after his lien is discharged, than the amount secured by the lien, and the compensation allowed by section 4702 of this title for loss of time and expenses. 84705. Seduction The damages for seduction rest in the sound discretion of the court or jury. § 4706. Injuries to animals For wrongful injuries to animals which are subjects of property, committed willfully or by gross negligence, in disregard of humanity, exemplary damages may be given. § 4707. Liability of owner of dog for damages suffered by dog bite The owner of a dog is liable for the damages suffered by a person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of its viciousness. A person is lawfully upon the private property of the owner within the meaning of this section when he is on the property in the performance of a duty imposed upon him by the laws or postal regulations of the Canal Zone or the United States, or when he is on the property upon the invitation, express or implied, of the owner. § 4708. Damages for fraud in the purchase, sale or exchange of property A person defrauded in the purchase, sale or exchange of property is entitled to recover the difference between the actual value of that with which the defrauded person parted and the actual value of that which he received, together with any additional damage arising from the particular transaction. This section does not deny to a person having a cause of action for fraud or deceit any legal or equitable remedies to which he may be entitled. Article C-General Provisions § 4721. Property of peculiar value Where certain property has a peculiar value to a person recovering damages for deprivation thereof, or injury thereto, that may be deemed to be its value against one who had notice thereof before incurring a liability to damages in respect thereof, or against a willful wrongdoer. § 4722. Value of instrument in writing For the purpose of estimating damages, the value of an instrument in writing is presumed to be equal to that of the property to which it entitles its owner. § 4723. Damages prescribed as exclusive of exemplary damages and interest The damages prescribed by this subchapter are exclusive of exemplary damages and interest, except where those are expressly mentioned. 8 4724. Limitation of damages Notwithstanding the provisions of this subchapter, a person may not recover a greater amount in damages for the breach of an obligation than he could have gained by the full performance thereof on both sides, except in the cases specified in section 4661 of this title on exemplary damages and in sections 4705 and 4706 of this title. § 4725. Damages to be reasonable Damages must, in all cases, be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary to substantial justice, no more than reasonable damages can be recovered. § 4726. Nominal damages When a breach of duty has not caused appreciable detriment to the partly affected, he may yet recover nominal damages. 4821. Grounds for rescission. 4822. Rescission for mistake. 4823. Court may require party rescinding to do equity. Article E-Cancellation of Instruments 4831. Grounds for cancellation. 4832. Instrument obviously vold. 4833. Cancellation in part. 4834. Lost or destroyed private documents; establishment; issuance of duplicate; security. SUBCHAPTER III-PREVENTIVE RELIEF 4851. Method of granting preventive relief. Subchapter I-General Principles § 4761. Allowance of specific or preventive relief Specific or preventive relief may be given as provided by the laws applicable in the Canal Zone. § 4762. Method of giving specific relief Specific relief is given by: (1) taking possession of a thing and delivering it to a claimant; (2) compelling a party himself to do that which ought to be done; or (3) declaring and determining the rights of parties, otherwise than by an award of damages. § 4763. Method of giving preventive relief Preventive relief is given by prohibiting a party from doing that which ought not to be done. |