If performance of an obligation is prevented by any cause excusing performance, other than the act of the creditor, the debtor is entitled to a ratable proportion of the consideration to which he would have been entitled upon full performance, according to the benefit which the creditor receives from the actual performance.
Cal. Civ. Code § 1514
Prevention of Performance or Offer
Applied in 2 court decisions — leading case 72 Cal. App. 3d 962 - Terry v. Atlantic Richfield Co. (1977)
Most recently applied in 72 Cal. App. 3d 962 - Terry v. Atlantic Richfield Co. (August 1977)
Enacted 1872.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.