ARTICLE 4. General Provisions [3353. - 3361.]

Cal. Civil Code - CIV 4.

in effect

Cal. Civil Code - CIV § 3353. Section 3353.

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.

Cal. Civil Code - CIV § 3354. Section 3354.

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.

Cal. Civil Code - CIV § 3355. Section 3355.

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.

Cal. Civil Code - CIV § [3356.] Section [3356.]

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.

Cal. Civil Code - CIV § 3357. Section 3357.

The damages prescribed by this Chapter are exclusive of exemplary damages and interest, except where those are expressly mentioned.

Cal. Civil Code - CIV § 3358. Section 3358.

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.

Cal. Civil Code - CIV § 3359. Section 3359.

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.

Cal. Civil Code - CIV § 3360. Section 3360.

When a breach of duty has caused no appreciable detriment to the party affected, he may yet recover nominal damages.

Cal. Civil Code - CIV § 3361. Section 3361.

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.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026