Unliquidated damages


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Related to Unliquidated damages: unliquidated claim

UNLIQUIDATED DAMAGES. Such damages, as are unascertained. In general such damages cannot be set-off. No interest will be allowed on unliquidated damages. 1 Bouv. Inst. n. 1108. See Liquidated, Liquidated Damages.

References in periodicals archive ?
It is further submitted that through the instant appeal the appellant does not press to the extent of the unliquidated damages but to the extent of the recovery letter dated 20-12-2006 issued in violation of the law as well as the judgment of this Court titled as Mst.
Therefore, if it is intended that the employer will recover its actual losses, its unliquidated damages, then parties should express clearly that 'liquidated damages will not apply and the employer shall be entitled to recover its proven losses'.
As we explained in Argonaut, "The distinction between liquidated and unliquidated damages is closely linked to [the now obsolete] 'penalty theory' of prejudgment interest.
As such, it will be hard to put together a joint-recovery agreement with an insured with speculative or unliquidated damages.
62) Courts following the minority approach also apply the "legal certainty" test liberally when encountering a case for unliquidated damages.
The court concluded that a default generally terminates the parties' right to further defend, except to contest unliquidated damages.