Page:United States Statutes at Large Volume 76A.djvu/360

–264– -264§ 4653. Interest stipulated by contract Any legal rate of interest stipulated by a contract remains chargeable after a breach thereof, as before, until the contract is superseded by a judgment or other new obligation. § 4654. Waiver by accepting principal Accepting payment of the whole principal, as such, waives all claims to interest. Article C—Exemplary Damages § 4661. Allowance of exemplary damages In an action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression, fraud, or malice, express or implied, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant. Subchapter II—Measure of Damages Article A—Damages for Breach of Contract § 4681. Measure of damages for breach of contract For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this title, is the amount 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. § 4682. Certainty of damages Damages may not be recovered for a breach of contract which are not clearly ascertainable in both their nature and origin. § 4683. Breach of contract to pay liquidated sum The detriment caused by the breach of an obligation to pay money only is deemed to be the amount due by the terms of the obligation, with interest thereon. § 4684. Breach of carrier's obligation to receive goods, etc. The detriment caused by the breach of a carrier's obligation to accept freight, messages, or passengers, is deemed to be the difference between the amount which he had a right 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. § 4685. Breach of carrier's obligation to deliver 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. § 4686. Carrier's delay 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.

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