Species of relief. Relief in case of forfeiture. S1830. 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, S1831. 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, willful or fraudulent breach of duty. Spaulding v. Hallenbeck, 39 Barb., 78; Clute v. Robison, 2 Johns., 595, 614; Davis v. West, 12 Ves., 475; Sanders v. Pope, id., 282; Northcote v. Duke, Ambler, 513; 2 Eden, 314; Woodman v. Blake, 2 Vern., 222; Hay. ward v. Angel, 1 id., 222; Popham v. Bampfield, id., 83; Wallis v. Crimes, 1 Ch. Ca., 90; see Skinner v. White, 17 Johns., 357; De Forest v. Bates, 1 Edw., 394. Though this doctrine, especially as applied to contracts, is one in its origin of purely equitable cognizance, it is now to be applied in all actions, and to be considered in estimating damages, as well as in granting specific relief (see Spaulding v. Hallenbeck, 39 Barb., 78). 1 TITLE II. COMPENSATORY RELIEF. CHAPTER I. Damages in general. CHAPTER I. DAMAGES IN GENERAL. ARTICLE I. General principles. ARTICLE I. GENERAL PRINCIPLES. SECTION 1832. Person suffering detriment, may recover damages. 1833. Detriment, what. 1834. Injuries resulting or probable after suit brought. Person sufment, may fering detri recover S1832. Every person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault a compensation there for in damages. money, which is called damages. S1833. Detriment is a loss or harm suffered in Detriment, person or property. This word is used in order to avoid the repetition of S1834. Damages may be awarded, in a judicial proceeding, for detriment resulting after the commencement thereof, or certain to result in the future. Drew v. Sixth Avenue R. R., 26 N. Y., 49. what. Injuries probable brought. resulting or after suit ARTICLE II. Person entitled to recover damages, interest thereon. INTEREST AS DAMAGES. SECTION 1835. Person entitled to recover damages, may recover interest thereon. 1836. In actions other than contract. 1837. Limit of rate by contract. 1838. Acceptance of principal waives claim to interest. S 1835. Every person who is entitled to recover damages certain, or capable of being made certain may recover 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." In actions other than 2 This seems to be the rule in actions for wrongful injuries (Andrews v. Durant, 18 N. Y., 496; Jackson v. Wood, 24 Wend., 443), as it clearly is in actions upon contract (Dana v. Fiedler, 12 N. Y., 40; Van Rensselaer v. Jewett, 2 N. Y., 136; Livingston v. Miller, 11 N. Y., 80; Purdy v. Phillips, 11 N. Y., 406; 1 Duer, 369; see Brinckerhoff v. Phelps, 24 Barb., 100; Sherman v. Wells, 28 id., 403). The obligation to pay interest rests upon the default of the debtor, and not upon his use of the money (Rensselaer Glass Factory v. Reid, 5 Cow., 587; People v. County of N. Y., id., 331). * If a debtor is prevented from paying by injunction he is not liable for interest (Stevens v. Barringer, 13 Wend., 639; Fitzgerald v. Caldwell, 2 Dallas, 215; Le Braithwait v. Halsey, 4 Halst., 3). $1836. In an action for the breach of an obliga on contract. tion not arising from contract,' and in every case of oppression, fraud, or malice, interest may be given, in the discretion of the jury." Limit of rate by contract. 1 Sedgw. Dam., 385, 386. Wilson v. Conine, 2 Johns., 280; Bissel v. Hopkins, 4 S 1837. 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 This rule is established in California, by statute (Kohler of principal S1838. Accepting payment of the whole principal, Acceptance as such, waives all claim to interest. Jacot v. Emmett, 11 Paige, 142; Gillespie v. Mayor, &c., waives claim to interest. ARTICLE III. EXEMPLARY DAMAGES. SECTION 1839. Exemplary damages, in what cases allowed. damages, in what cases allowed. $1839. In any action for the breach of an obligation Exemplary 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." 1 In this the commissioners have taken the rule as now Tillotson v. Cheatham, 3 Johns., 56, 64. CHAPTER II. MEASURE OF DAMAGES. ARTICLE I. Damages for breach of contract. III. Penal damages. IV. General provisions. Measure of damages for breach of contract. ARTICLE I. DAMAGES FOR BREACH OF CONTRACT. SECTION 1840. Measure of damages for breach of contract. 1842. Breach of promise to pay liquidated sum. 1843. Dishonor of bills of exchange. 1844. Breach of covenant of seizure, &c. 1845. Breach of covenant against incumbrances. 1846. Breach of agreement to convey real property. 1847. Breach of agreement to buy real property. 1848. Breach of agreement to sell personal property, not paid for 1857. Carrier's delay. 1858. Breach of warranty of authority. 1859. Breach of promise of marriage. 1840. 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, which the party in fault had notice, at the time of entering into the contract,' or at any time before the breach, and while it was in his power to perform the contract upon his part, would be likely to result from such breach, or which, in the ordinary course of things, would be likely to result therefrom.1 |