381. Special damage.

Whether there is an available market or not1, the value of the goods is to be taken independently of any circumstances peculiar to the consignee that are not within the contemplation of the parties2. If, therefore, he has already contracted to sell the goods, the contract price must be disregarded, whether it is higher3 or lower4 than the market price; but, for the purpose of estimating the value of the goods where there is no market, any contract of sale at a relevant date may be used as evidence of value5.

Similarly, where the loss of the goods prevents him