Montana Code Annotated
Part 1. General Provisions
69-11-121. Detriment caused by carrier

69-11-121. Detriment caused by carrier. (1) The detriment caused by the breach of a carrier's obligation to accept freight, messages, or passengers is considered to be the difference between the amount that the carrier had a right to charge for the carriage and the amount that it would be necessary to pay for the same service when it ought to be performed.
(2) The detriment caused by the breach of a carrier's obligation to deliver freight when the carrier has not converted the freight to the carrier's own use is considered to be the value of the freight at the place and on the day at which it should have been delivered, deducting the freightage to which the carrier would have been entitled if the carrier had completed the delivery.
(3) The detriment caused by a carrier's delay in the delivery of freight is considered to be the depreciation in the intrinsic value of the freight during the delay and also the depreciation, if any, in the market value of the freight, other than by reason of a depreciation in the freight's 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.
(4) The damages prescribed by this section are exclusive of exemplary damages and interest except when those are expressly mentioned. Notwithstanding the provisions of this section, a person may not recover a greater amount in damages for the breach of an obligation than the person could have gained by the full performance of the obligation on both sides, except as provided in 27-1-303.
History: En. Secs. 4315, 4316, 4317, 4364, 4365, Civ. C. 1895; re-en. Secs. 6063, 6064, 6065, 6085, 6086, Rev. C. 1907; re-en. Secs. 8681, 8682, 8683, 8703, 8704, R.C.M. 1921; Cal. Civ. C. Secs. 3315, 3316, 3317, 3357, 3358; Field. Civ. C. Secs. 1855, 1856, 1857, 1876, 1877; re-en. Secs. 8681, 8682, 8683, 8703, 8704, R.C.M. 1935; R.C.M. 1947, 17-315, 17-316, 17-317, 17-605(part), 17-606(part); amd. Sec. 15, Ch. 43, L. 1979; amd. Sec. 2005, Ch. 56, L. 2009.

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