California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 1 — Relief, Title 2 — Compensatory Relief, Chapter 2 — Measure of Damages, Article 1 — Damages for Breach of Contract, Section 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.

Notes

Sets damages for breach of a warranty of an agent’s authority at the amount that could have been recovered and collected from the principal if the warranty had been valid, plus reasonable expenses of legal proceedings undertaken in good faith to enforce the agent’s act against the principal.

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