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 3316

The detriment caused by the breach of a carrier’s obligation to deliver freight, where he has not converted it to his own use, is deemed to be the value thereof at the place and on the day at which it should have been delivered, deducting the freightage to which he would have been entitled if he had completed the delivery.

Notes

Sets damages for a carrier’s failure to deliver freight, when the carrier has not converted it to its own use, as the freight’s value at the place and on the day delivery should have occurred. The measure deducts the freightage the carrier would have earned had it completed the delivery.

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