As a general rule, compensation is the relief or remedy provided by the law of this State for the violation of private rights, and the means of securing their observance; and specific and preventive relief may be given in no other cases than those specified in this Part of the Civil Code.
ReliefRelief in General
Section § 3274
This section states that, in California, the primary way to address the violation of someone's private rights is through compensation. It also clarifies that other types of legal remedies, like specific or preventive action, can only be used in certain cases outlined by law.
compensation private rights violation relief
Section § 3275
This law allows a person to avoid a penalty or loss they face for not following the terms of an agreement, if they compensate the other party fully. However, this relief is not available if the breach of agreement was due to gross negligence, willful misconduct, or fraud.
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 compensation to the other party, except in case of a grossly negligent, willful, or fraudulent breach of duty.
forfeiture obligation breach of duty
