Page:The Civil code of Japan (IA cu31924069576704).pdf/129

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The same is the case, if the debtor becomes unable to perform for any cause attributable to him.

416.

The claim for damages is for compensation for all such damage as is the natural consequence of non-performance.

The creditor may demand compensation even for such damage as has arisen from special circumstances, if the party concerned foresaw or ought to have foreseen such circumstances.

417.

Unless a different intention has been expressed, the amount of the damages is to be assessed in money.

418.

If the fault of the creditor has contributed to the non-performance of the obligation, the court may take that into consideration in determining the liability for damages or their amount.

419.

On an obligation whose subject is money the amount of damages is fixed according to the legal rate of interest; but if a higher rate of interest has been agreed upon, that is to govern.

The creditor is not bound to prove the amount of such damages, nor can the debtor set up the defence of vis major as to them.

420.

The persons concerned may fix beforehand the

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