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§ 3255. A check is subject to all the provisions of this Code concerning bills of exchange, except that:

1. The drawer and indorsers are exonerated by delay in presentment, only to the extent of the injury which they suffer thereby ;

2. An indorsee, after its apparent maturity, but without actual notice of its dishonor, acquires a title equal to that of an indorsee before such period.

CHAPTER V.

BONDS, BANK NOTES, AND CERTIFICATES OF DEPOSIT.

SECTION 3261. Bank note negotiable after payment.
3262. Title acquired by indorsee. (Repealed.)

§ 3261. A bank note remains negotiable, even after it has been paid by the maker.

§ 3262 of said Code is repealed. [In effect July 1, 1874.]

TITLE XVI.

GENERAL PROVISIONS.

SECTION 3268. Parties may waive provisions of Code.

$3268. 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 bublic policy

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.

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PART I,

RELIEF.

TITLE I. RELIEF IN GENERAL, §§ 3274-3275.
II. COMPENSATORY RELIEF, §§ 3281-3360.
III. SPECIFIC AND PREVENTIVE RELIEF, §§ 3366-3423.

TITLE I.

RELIEF IN GENERAL.

SECTION 3274. Species of relief.

3275. Relief in case of forfeiture.

§ 3274. 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.

§ 32 5. Whenever, by the terms of an obligation, a party thereto incurs a forfeiture, or a loss in the nature of a forfeitare, 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, wilful, or fraudulent breach of duty.

TITLE II.

COMPENSATORY RELIEF.

CHAPTER I. DAMAGES IN GENERAL, §§ 3281-3294.
II. MEASURE OF DAMAGES, §§ 3300-3360.

CHAPTER I.

DAMAGES IN GENERAL.

ARTICLE I. GENERAL PRINCIPLES, §§ 3281-3283.
II. INTEREST AS DAMAGES, §§ 3287-3290.
III. EXEMPLARY DAMAGES, § 3294.

ARTICLE I.

GENERAL PRINCIPLES.

SECTION 3281. Person suffering detriment may recover damages 3282. Detriment, what.

3283. Injuries resulting or probable after suit brought

§ 3281. Every person who suffers detriment from the unlawful act or omission of another may recover from the person in fault a compensation therefor in money, which is called damages.

§ 3282. Detriment is a loss or harm suffered in person o property.

§ 3283. Damages may be awarded, in a judicial proceed ing, for detriment resulting after the commencement thereof, or certain to result in the future.

ARTICLE II.

INTEREST AS DAMAGES.

SECTION 3287. Person entitled to recover damages may recover interest thereon.

3288. In actions other than contract.

3289. Limit of rate by contract.

3290. Acceptance of principal waives claim to interest.

§ 3287. Every person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in him upon a particular day, is entitled also to recover interest thereon from that day, except during such time as the debtor is prevented by law, or by the act of the creditor, from paying the debt.

57 Cal. 356.

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