Page:United States Statutes at Large Volume 47 Part 1.djvu/1354

 1330 GEN ERAL PRO- VIS IONS AF FECT - ING CHAPTERS 34 TO 69. Parties may waive certain provisions of Code. Ante, pp. 1204-1329 . Post, p. 1197. RELIEF IN GEN- ERAL. CHAPTER 71 .-RELIEF IN G ENE RAL SEC. 1595. SPECIES OF RELIEF .-As a general rule compensation is a relief or remedy provided by the law of the Canal Zone for the violation of private rights, and the means of securing their observ- ance ; and specific and preventive relief may be given in no other cases th an those specifi ed in th is chapt er and ch apters 7 2 and 73 of this code. Caoss REFEnENC ES Po d, p .1338. Injunction, see sections 1652 et seq. Perso n suffe ring d etrimen t may r ecover damage s, see sectio n 1597. Specific performance, see, sections 1634 et seq. Species of. Post, p. 1335. In case of forfeiture. SEC. 1596. RELIEF IN CASE OF FORFEITURE .-Whenever, by the terms of an obligation, a party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of his failure to comply with its provisions, he may be relieved therefrom, upon making full com- pensation to the other party, except in case of a grossly negligent, will ful, or fra udul ent bre ach of duty. COMPENSATORY RELIEF. Who may recover. Post, p. 1334. Damag es are exclus ive of exempla ry dam ages an d inter est, e xcept w here th ose are expressly mentioned, see section 1624. Damages for breach of contract, see sections 1005 et seq. Damages for torts, see sections 1615 et seq. Damage s must be rea sonable, see s ection 1626. Exemplary damages, see section 1604. Interest on damages, see sections 1600 and 1601. Limit ation o n amou nt of d amages, see s ection 1625. Nominal damages, see section 1627. de. fined, SEC. 1598. DETRIMENT, WHAT.-Detriment Is a loss or harm snf : Post, p. 1332 . Post, p . 1333. Post, p. 1334 . Post, p. 1331. Post, p. 1331. Post, p. 1334 . Post, p. 1334. "Detriment," 72d CONGRESS. SESS. 11. CH 28. FEBRUARY 27, 11133. CHAPTER 70 .-GENE RAL PROVI SIONS AFF ECTING CHAPTER S 34 TO 69 SEC. 1594. PARTIES MAY WAIVE PROVISIONS OF CoDE.-Except where it is otherwise declared, the pr ovisions of chap ters 34 to 69 of this code, in respect to the rights and obligations of parties to contracts, are subordinate to -the intentio n of the parties, when ascertaine d in the manner prescribed by the chapter on the interpretation of con- tracts ; and the benefit thereof may be waived by any party entitled thereto, unless such waiver would be against public policy. CROSS REFERENCE Interpretation of contracts, see sections 546 et seq. CHA PT ER 72 .-COMPENSATORY RELIEF DAMAGES IN GENRRA T, GENERAL PRINCIPLES SEC. 1597. PERSON SUFFERING DETRIMENT MAY RECOVER DAMAGES. Every pe rson who suffers detrime nt from the unlaw ful act or omis- sion of another, may recover from the person in fault a compensation therefor in money, which 12 called damages. Cn oss REFERENCES fered in person or prope rty.