3261.

CHAPTER V.

BANK NOTES AND CERTIFICATES OF DEPOSIT.

Bank note negotiable after payment.

§ 3262. Title acquired by indorsee. (Repealed.)

§ 3261. Bank note negotiable after payment. A bank note remains negotiable, even after it has been paid by the maker. En. March 21, 1872.

§ 3262. Title acquired by indorsee. (Repealed.) En. March 21, 1872. Rep. 1873-4, 265.

TITLE XVI.

GENERAL PROVISIONS.

§ 3268. Parties may waive provisions of code.

§ 3268. Parties may waive provisions of code. Except where it is otherwise declared, the provisions of the foregoing fifteen titles of this part, in respect to the rights and obligations of parties to contracts, are subordinate to the intention of the parties, when ascertained in the manner prescribed by the chapter on the Interpretation of Contracts; and the benefit thereof may be waived by any party entitled thereto, unless such waiver would be against public policy. En. March 21, 1872.

Cal.Rep.Cit. 101, 641.

Interpretation of contracts: See ante, secs. 1635 et seq.

DIVISION FOURTH.

PART I. Relief, §§ 3274-3423.

II. Special Relations of Debtor and
Creditor, §§ 3429-3473.

III. Nuisance, §§ 3479-3503.

IV. Maxims of Jurisprudence, §§ 3509

3543.

PART I.

RELIEF.

Title I.

II.

III.

3274. § 3275.

Relief in General, §§ 3274, 3275.

Compensatory Relief, §§ 3281-3360.

Specific and Preventive Relief, §§ 3366-3423.

TITLE I.

RELIEF IN GENERAL.

Species of relief.

Relief in case of forfeiture.

§ 3274. Species of relief. 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. En. March 21, 1872. Cal.Rep.Cit. 117, 379.

§ 3275. Relief in case of forfeiture. 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. En. March 21, 1872.

Cal.Rep.Cit. 97, 654; 120, 420.

TITLE II.

COMPENSATORY RELIEF.

Chapter I. Damages in General, §§ 3281-3294.
II. Measure of Damages, §§ 3300-3360.

Article I.

II.

III.

CHAPTER I.

DAMAGES IN GENERAL.

General Principles, §§ 3281-3283.
Interest as Damages, §§ 3287-3290.
Exemplary Damages, § 3294.