The detriment caused by a carrier’s delay in the delivery of freight, is deemed to be the depreciation in the intrinsic value of the freight during the delay, and also the depreciation, if any, in the market value thereof, otherwise than by reason of a depreciation in its intrinsic value, at the place where it ought to have been delivered, and between the day at which it ought to have been delivered, and the day of its actual delivery.
Cal. Civ. Code § 3317
Damages for Breach of Contract [[3300.] - 3322.]
Applied in 2 court decisions — leading case Schraeder v. Robinson (1947)
Most recently applied in 157 Cal. App. 2d 371 - Artists' Embassy v. Hunt (February 1958)
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.