2009 California Civil Code - Section 3353-3360 :: Article 4. General Provisions

CIVIL CODE
SECTION 3353-3360

3353.  In estimating damages, the value of property to a seller
thereof is deemed to be the price which he could have obtained
therefor in the market nearest to the place at which it should have
been accepted by the buyer, and at such time after the breach of the
contract as would have sufficed, with reasonable diligence, for the
seller to effect a resale.

3354.  In estimating damages, except as provided by Section 3355 and
3356, the value of property, to a buyer or owner thereof, deprived
of its possession, is deemed to be the price at which he might have
bought an equivalent thing in the market nearest to the place where
the property ought to have been put into his possession, and at such
time after the breach of duty upon which his right to damages is
founded as would suffice, with reasonable diligence, for him to make
such a purchase.

3355.  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.

[3356.]  Section Thirty-three Hundred and Fifty-six. 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.

3357.  The damages prescribed by this Chapter are exclusive of
exemplary damages and interest, except where those are expressly
mentioned.

3358.  Except as expressly provided by statute, no person can
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.

3359.  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.

3360.  When a breach of duty has caused no appreciable detriment to
the party affected, he may yet recover nominal damages.


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