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

Notes

Limits damages for breach of an obligation, unless a statute expressly provides otherwise, to no more than the amount the injured person could have gained from full performance by both sides. The cap compares recoverable breach damages with the benefit the claimant would have received had the obligation been fully performed.

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