DIVISION FOURTH. PART I. RELIEF, §§ 3274-3423. II. SPECIAL RELATIONS OF DEBTOR AND CREDITOR, §§ 3429-3473. III. NUISANCE, §§ 3479-3503. IV. MAXIMS OF JURISPRUDENCE, SS 3509-3543. PART I. RELIEF. TITLE I. RELIEF IN GENERAL, §§ 3274-3275. TITLE I. RELIEF IN GENERAL. SECTION 3274. Species of relief. 3275. Relief in case of forfeiture. § 3274. As a general rule, compensation is the relief or remedy provided by the law of this State for the violation of private rights, and the means of securing their observance; and specific and preventive relief may be given in no other cases than those specified in this part of the Civil Code. § 32 5. Whenever, by the terms of an obligation, a party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of his failure to comply with its provisions, he may be relieved therefrom, upon making full compensation to the other party, except in case of a grossly negligent, wilful, or fraudulent breach of duty. TITLE II. COMPENSATORY RELIEF. CHAPTER I. DAMAGES IN GENERAL, §§ 3281-3294. CHAPTER I. DAMAGES IN GENERAL. ARTICLE I. GENERAL PRINCIPLES, §§ 3281-3283. ARTICLE I. GENERAL PRINCIPLES. SECTION 3281. Person suffering detriment may recover damages 3282. Detriment, what. 3283. Injuries resulting or probable after suit brought § 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 3287. Person entitled to recover damages may recover interest thereon. 3288. In actions other than contract. 3289. Limit of rate by contract. 3290. Acceptance of principal waives claim to 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. ARTICLE III. EXEMPLARY DAMAGES. SECTION 3294. Exemplary damages, in what cases allowed. § 3294. In any action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression, fraud, or malice, actual or presumed, the jury, in addition to the actual damages, may give damages for the sake of example, and by way of punishing the defendant. CHAPTER II. MEASURE OF DAMAGES. ARTICLE I. DAMAGES FOR BREACH OF CONTRACT, §§ 3300-3319. III. PENAL DAMAGES, §§ 3344-3348. IV. GENERAL PROVISIONS, §§ 3353-3360. ARTICLE I. DAMAGES FOR BREACH OF CONTRACT. SECTION 3300. Measure of damages for breach of contract. 3301. Damages must be certain. 3302. Breach of contract to pay liquidated sum 3303. Dishonor of foreign bills of exchange. 8304. Detriment caused by breach of covenant of seizin, &a what is. |