Page:United States Statutes at Large Volume 47 Part 1.djvu/1356

 1332 Ante, p .1255. To deliver. 72d CONGRESS. • SESS. II. CH. 128. FEBRUAR Y 27, 1933 . Measure of damages. SEC. 1605. MEASURE OF DAMAGES FOR BREACH OF CONTRACT .-For the breach of contract. breach of an obligation arising from contract, the measure of dam- age s, except wh ere otherwise expressly provided by th is code, is the amoune which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course of things. would be likely to result therefrom. CR OSS REFERENCES Ante, p. 1201. Contract fixing damages for breach in advance, effect of, see section 575 . Post, p . 1334. Damag es li mited to a mount one would gain by performance, see section 1625 . Post, p. i334. Damag es to be reaso nable, see sect ion 1626. Post, p. 1334. Nominal damages, see section 1627. Damages must be SEC. 1606. DAMAGES MUST BE CERTAIN .-NO damages can be re- certain' covere d for a br each of co ntrac t whi ch are not clea rly a scert ainab le in bot h the ir na ture and o rigin. Breach of co ntract to SEC. 1607. BREACH! OF CONTRACT TO PAY LI QUIDA TED sum :The pay liquidated sum. detriment caused by the breach of an obligation to pay money only, is dee med to be the d moun t due by the te rms of the obli gatio n, wi th int er est thereon. Breach of c arrier's SEC. 1609 . BREACH OF CARRIERS OBLIGATION TO RECEIVE GOODS, AND ob li g ation to receive goods, etc. 80 FORTH.-The detriment caused by the breach of a carrier's obl ig a- tio n to accept freight, messages, or passengers, is deemed to be the dif fe ren ce be tw een the amount whi ch he had a rig ht 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 .. CROSS REFRREwcE Obligation to receive freight, see section 957. SEC. 1610. BREACH OF CARRIER'S OBLIGATION TO DELrvER .--The detri- me nt caused by the breach of a carrier's obligation to deliver freight, where he has not con verte d it to his own use, is d eemed to be the value ther eof at the plac e and on the day at which it s hould have been delivered, deducting the freightage to which he would have be er. entitled if he had completed the delivery. CROSS REFERENCES Ante, p . 1254. Delivery of property by carrier, see section 900. Ante, p. 1216. Stoppage in transitu, see sections 653 et seq. Carrier's delay. SEC. 1611. CARRIER'S DELAY .-The de trime nt ca used by a carri er's del ay in the delivery of frei g ht, is deemed to be the depreciation in the intrinsic value of the freight during the delay, and also the dep re cia ti on, if and,, in the market value thereof, otherwise than by reason of a depreciation in its intrinsic value, at the place where it oug ht to h ave b een delivered, and between the day at wh ich it ought to have been delivered, and the day of its actual delivery. CROSS REFERENCES Ante, p. 1257 . Carrier's liability for delay, see section 977. Ante, pp. 1253,1257. De la y i n carriage, liability f or, see sections 895 and 977. Breach of warranty SEC. 1612 . BREACH OF WARRANTY OF AU THORI TY .-The detriment of eatbority. caused by the breach of a warranty of an agent's authority, is deemed to be the amount which co uld h ave b een recovered and collected fr om his p rincipal if the warranty had been complied with, and the rea- sonable expenses of legal proceedings taken, in good faith, to enforce the act of the agent against his principal.