In estimating damages, the value of property to a seller thereof is deemed to be the price which he could have obtained therefor in the market nearest to the place at which it should have been accepted by the buyer, and at such time after the breach of the contract as would have sufficed, with reasonable diligence, for the seller to effect a resale.
Article 4Revision of Contracts
Section § 3353
If a buyer breaches a contract and a seller wants to know what their property was worth at that time, they should use the price they could have gotten in the closest market where the buyer was supposed to accept it, given a reasonable amount of time to resell.
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Section § 3354
This law section explains how to calculate damages when someone is wrongfully deprived of their property. Specifically, it considers the value of the property by looking at what it would cost to buy something similar in the market closest to where the property should have been returned, using a reasonable timeframe to make that purchase after the breach occurred.
In estimating damages, except as provided by Sections 3355 and 3356, the value of property, to a buyer or owner thereof, deprived of its possession, is deemed to be the price at which he might have bought an equivalent thing in the market nearest to the place where the property ought to have been put into his possession, and at such time after the breach of duty upon which his right to damages is founded as would suffice, with reasonable diligence, for him to make such a purchase.
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Section § 3355
This law section explains that if someone is suing for damages over property that is especially valuable to them, they can claim that special value — but only if the other person knew about this special value beforehand or if the other person purposefully caused harm.
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.
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Section § 3357
This law section states that the damages covered in this Chapter do not include additional compensation like exemplary damages or interest, unless these are specifically stated.
The damages prescribed by this Chapter are exclusive of exemplary damages and interest, except where those are expressly mentioned.
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Section § 3358
This law says that if someone breaks a contract or obligation, the person who suffered because of it can only get compensated with as much money as they would have received if everything had gone as planned. You can't get more money than what the contract was originally worth, unless another law explicitly says otherwise.
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.
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Section § 3359
In any situation where damages are awarded, the amount must be fair and sensible. If a situation seems to allow for damages that are shockingly unfair or overly harsh, only a reasonable amount can be recovered to ensure justice is upheld.
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.
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Section § 3360
If someone breaks a responsibility or duty, and it doesn't really harm the other person in a significant way, the affected person can still receive a small amount of money as 'nominal damages' to acknowledge the breach happened.
When a breach of duty has caused no appreciable detriment to the party affected, he may yet recover nominal damages.
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Section § 3361
This law says that when calculating damages for lost earnings or reduced ability to earn due to personal injury or wrongful death, the amount should not be lowered based on someone's race, ethnicity, or gender.
Estimations, measures, or calculations of past, present, or future damages for lost earnings or impaired earning capacity resulting from personal injury or wrongful death shall not be reduced based on race, ethnicity, or gender.
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Section § 3399
If a written contract doesn't reflect what both sides really intended because of fraud, a shared mistake, or one side's mistake that the other side knew about, the affected party can ask for the contract to be changed. This can happen as long as it doesn't harm the rights of any third parties who were acting honestly and have something valuable at stake.
When, through fraud or a mutual mistake of the parties, or a mistake of one party, which the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved, so as to express that intention, so far as it can be done without prejudice to rights acquired by third persons, in good faith and for value.
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Section § 3400
This law assumes that everyone involved in a contract aimed to create a fair and honest agreement when it comes time to revisit or revise it.
For the purpose of revising a contract, it must be presumed that all the parties thereto intended to make an equitable and conscientious agreement.
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Section § 3401
When a court is asked to revise a written document, it can look into what the document was meant to mean and achieve legally. The focus is more on the intended meaning and consequences rather than just the specific wording used in the document.
In revising a written instrument, the Court may inquire what the instrument was intended to mean, and what were intended to be its legal consequences, and is not confined to the inquiry what the language of the instrument was intended to be.
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Section § 3402
You can change the terms of a contract and then make sure it's carried out as agreed upon.
A contract may be first revised and then specifically enforced.
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Section § [3356.]
This law says that when figuring out how much money someone should receive in damages, a written document is assumed to be worth the same as the property it's connected to.
Section Thirty-three Hundred and Fifty-six. 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.
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