Page:United States Statutes at Large Volume 76A.djvu/362

–266– -266§ 4707. Liability of owner of dog for damages suffered by dog bite The owner of a dog is liable for the damages suffered by a person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of its viciousness. A person is lawfully upon the private property of the owner within the meaning of this section when he is on the property in the performance of a duty imposed upon him by the laws or postal regulations of the Canal Zone or the United States, or when he is on the property upon the invitation, express or implied, of the owner. § 4708. Damages for fraud in the purchase, sale or exchange of property A person defrauded in the purchase, sale or exchange of property is entitled to recover the difference between the actual value of that with which the defrauded person parted anS the actual value of that which he received, together with any additional damage arising from the particular transaction. This section does not deny to a person having a cause of action for fraud or deceit any legal or equitable remedies to which he may be entitled. Article C—General Provisions .? * § 4721. Property of peculiar value Where certain property has a peculiar value to a person recovering damages for deprivation thereof, or injury thereto, that may be deemed to be its value against one who had notice thereof before incurring a liability to damages in respect thereof, or against a willful wrongdoer. § 4722. Value of instrument in writing For the purpose of estimating damages, the value of an instrument in writing is presumed to be equal to that of the property to which it entitles its owner. § 4723. Damages prescribed as exclusive of exemplary damages and interest The damages prescribed by this subchapter are exclusive of exemplary damages and interest, except where those are expressly mentioned. s § 4724. Limitation of damages Notwithstanding the provisions of this subchapter, a person may not 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, except in the cases specified in section 4661 of this title on exemplary damages and in sections 4705 and 4706 of this title. § 4725. Damages to be reasonable Damages must, in all cases, be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary to substantial justice, no more than reasonable damages can be recovered. § 4726. Nominal damages Wlien a breach of duty has not caused appreciable detriment to the partly affected, he may yet recover nominal damages.

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