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 3315
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.
Notes
Sets damages for a carrier’s breach of its duty to accept freight, messages, or passengers as the difference between what the carrier was entitled to charge and what must be paid to obtain the same service when performance should have occurred. The measure compares the original lawful charge with the necessary replacement-service cost.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 3315 | https://laws.lexinter.net/codes/california/civil-code/division-4/part-1/title-2/chapter-2/article-1/section-3315