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 3317

The detriment caused by a carrier’s delay in the delivery of freight, is deemed to be the depreciation in the intrinsic value of the freight during the delay, and also the depreciation, if any, in the market value thereof, otherwise than by reason of a depreciation in its intrinsic value, at the place where it ought to have been delivered, and between the day at which it ought to have been delivered, and the day of its actual delivery.

Notes

Sets damages for a carrier’s delayed freight delivery as the depreciation in the freight’s intrinsic value during the delay plus any separate depreciation in its market value at the destination between the scheduled and actual delivery dates. Market depreciation is included only to the extent it is not caused by the same loss of intrinsic value.

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