Title 20, Remedies

As a general rule, compensation is a relief or remedy provided by the law of Guam 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 Title or in Title 7 of…

Whenever, by the terms of an obligation, a party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of his/her failure to comply with its provisions, he/she may be relieved therefrom, upon making full compensation to the other party, except in the cas…

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. SOURCE: CC § 3281.

“Detriment” is a loss or harm suffered in person or property. SOURCE: CC § 3282.

Damages may be awarded, in a judicial proceeding, for detriment resulting after the commencement thereof, or certain to result in the future. SOURCE: CC § 3283. COL 2025-12-23

Any person who renders emergency care or assistance without compensation at the place of an emergency or accident, shall not be liable for any civil damages resulting his acts or omissions, except for such damages as may result from his gross negligence or wanton omissions. COMME…

(a) Civil immunity for physicians, nurse or dentist members of certain boards and committees. Any physician, nurse or dentist who is actively engaged in the practice of such profession shall be immune from civil liability for any act, decision, or omission done or made in good fa…

In an agreement or contract between two (2) or more consenting parties to settle a dispute by means of mediation or conciliation, the mediators participating in the mediation or conciliation in furtherance of the agreement or contract of the parties, shall not be subject to civil…

(a) Any person who, in good faith, renders emergency care of assistance, without compensation, to any injured person at the scene of an accident, fire, or any life-threatening emergency or enroute to any hospital, medical clinic, or doctor’s office, shall not be liable for any ci…

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 p…

In an action for the breach of an obligation not arising from contract, and in every case of oppression, fraud, or malice, interest may be given. SOURCE: CC § 3288.

Any legal rate of interest stipulated by a contract remains chargeable after a breach thereof, as before, until the contract is superseded by a judgment or other new obligation. SOURCE: CC § 3289.

Accepting payment of the whole principal, as such, waives all claim to interest. SOURCE: CC § 3290. SUBARTICLE 3 EXEMPLARY DAMAGES

In an action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression, fraud, or malice, express or implied, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing t…

For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided in Titles 13, 14, 18, 19, 20 and 21 of this Code, is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or …

No damages can be recovered for a breach of contract which are not clearly ascertainable in both their nature and origin. SOURCE: CC § 3301. COL 2025-12-23

The detriment caused by a breach of an obligation to pay money only is deemed to be the amount due by the terms of the obligation with interest thereon. SOURCE: CC § 3302.

The detriment caused by a breach of a covenant of seisin, of right to convey, of warranty, or of quiet enjoyment, in a grant of an estate in real property, is deemed to be: (a) The price paid to the grantor; or, if the breach is partial only, such proportion of the price as the v…

The detriment caused by the breach of a covenant against encumbrances in a grant of an estate in real property is deemed to be the amount which has been actually expended by the covenantee in extinguishing either the principal or interest thereof, not exceeding in the former case…

The detriment caused by the breach of an agreement to convey an estate in real property is deemed to be the price paid and the expenses properly incurred in examining the title and preparing the necessary papers, with interest thereon; but adding thereto, in case of bad faith, th…

The detriment caused by the breach of an agreement to purchase an estate in real property is deemed to be the excess, if any, of the amount which would have been due to the seller, under the contract, over the value of the property to him. SOURCE: CC § 3307.

The detriment caused by the breach of a seller’s agreement to deliver personal property, the price of which has not been fully paid in advance, is deemed to be the excess, if any, of the value of the property to the buyer, over the amount which would have been due to the seller u…

The detriment caused by the breach of a seller’s agreement to deliver personal property, the price of which has been fully paid to him in advance, is deemed to be the same as in case of wrongful conversion. SOURCE: CC § 3309.

The detriment caused by the breach of a buyer’s agreement to accept and pay for personal property, the title to which is not vested in him, is deemed to be the contract price. SOURCE: CC § 3310.

The detriment caused by the breach of a buyer’s agreement to accept and pay for personal property, the title to which is not vested in him, is deemed to be: (a) If the property has been resold, pursuant to Civil Code § 3049 [which was repealed by P.L. 13-150:10 (June 30, 1976)], …

The detriment caused by the breach of a warranty of the title of personal property sold is deemed to be the value thereof to the buyer, when he/she is deprived of its possession, together with any costs which he/she has become liable to pay in an action brought for the property b…

The detriment caused by the breach of a warranty of the quality of personal property is deemed to be the excess, if any, of the value which the property would have had at the time to which the warranty referred, if it had been complied with, over its actual value at that time. SO…

The detriment caused by the breach of a warranty of the fitness of an article of personal property for a particular purpose is deemed to be that which is defined by the last section [§ 2213], together with a fair compensation for the loss incurred by an effort in good faith to us…

The detriment caused by the breach of a carrier’s obligation to accept freight, messages, or passengers is deemed to be the difference between the amount which he/she had a right to charge for the carriage and the amount which it would be necessary to pay for the same service whe…

The detriment caused by the breach of a carrier’s obligation to deliver freight, where he/she has not converted it to his/her own use, is deemed to be the value thereof at the place and on the day at which it should have been delivered, deducting the freightage to which he/she wo…

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 intrinsi…

The detriment caused by a breach of a warranty of an agent’s authorities deemed to be the amount which could have been recovered and collected from the principal if the warranty had been complied with, and the reasonable expenses of legal proceedings taken, in good faith, to enfo…

The damages for the breach of a promise of marriage are in the amount of expense incurred by the injured party. SOURCE: CC § 3319.

[Repealed.] SOURCE: CC § 3320; repealed by P.L. 13-150:13 (June 30, 1976). SUBARTICLE 2 DAMAGE FOR WRONGS

For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by Titles 13, 14, 18, 19 20 and 21 of this Code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could hav…

The detriment caused by the wrongful occupation of real property, in cases not embraced in § 2227, § 2250 and § 2276 of this Title, or 21 GCA § 21115, is deemed to be the value of the use of the property for the time of such occupation, not exceeding five (5) years next preceding…

For willfully holding over real property, by a person who entered upon the same, as guardian or trustee for an infant, or by right of an estate terminable with any life or lives, after the termination of the trust or particular estate, without the consent of the party immediately…

The detriment caused by the wrongful conversion of personal property is presumed to be: (a) First, the value of the property at the time of the conversion, with the interest from that time, or where the action has been prosecuted with reasonable diligence, the highest market valu…

The presumption declared by the last section [§ 2228] cannot be repelled, in favor of one whose possession was wrongful from the beginning, by his subsequent application of the property to the benefit of the owner, without his consent. SOURCE: CC § 3337. COL 2025-12-23

One having a mere lien on personal property, cannot recover greater damages for its conversion, from one having a right thereto superior to his, after his lien is discharged, than the amount secured by the lien, and the compensation allowed by § 2228 for loss of time and expenses…

The damages for seduction rest in the sound discretion of the judge but in no case will exceed the sum of one thousand dollars ($1,000.00). SOURCE: CC § 3339.

For wrongful injuries to animals being subjects of property, committed willfully or by gross negligence, in disregard of humanity, exemplary damages may be given. SOURCE: CC § 3340.

The owner, possessor, or harborer of any dog, or other animal that shall kill, worry, or wound any sheep, angora goat, or cashmere goat, or poultry, shall be liable to the owner of the same for the damages and costs of suit, to be recovered in any court of competent jurisdiction:…

No person shall be allowed damages for injuries to growing crops caused by animals, if the land on which such crops were growing was not properly fenced. SOURCE: CC § 3342.

Property owners may recover just and adequate civil indemnity, or other redress, for damages to crops, livestock, or other property, caused by other persons, livestock, poultry, dogs, or other domestic animals. SOURCE: CC § 3343. SUBARTICLE 3 PENAL DAMAGES

If any tenant gives notice of his intention to quit the premises, and does not deliver up the possession at the time specified in the notice, he/she must pay to the landlord double rent during the time he/she continues in possession after such notice. SOURCE: CC § 3344.

If any tenant, or any person in collusion with the tenant, holds over any lands or tenements after demand made and one month’s notice, in writing given, requiring the possession thereof, such person holding over must pay the landlord double rent during the time he/she continues i…

For wrongful injuries to timber, trees or underwood upon the land of another, or removal thereof, the measure of damages is twice such a sum as would compensate for the actual detriment, except where the trespass was casual and involuntary, or committed under the belief that the …

Every person negligently setting fire to his/her own woods, or negligently suffering any fire to extend beyond his/her own land, is liable in double damages to the party injured. SOURCE: CC § 3347.

If a person slays or permanently disables another person in a duel in Guam, the slayer must provide for the maintenance of the widow or wife of the person slain or permanently disabled and for the minor children, in such manner and at such cost, either by aggregate compensation i…