Unliquidated damages

This means that the amount or quantum of the damages claimed is yet to be determined.

Unliquidated damages do not refer to a specific amount.  This may take time and resources such as the use of an expert (doctor, surveyor, engineer etc).  It may be more appropriate to determine the issue of whether a party is liable for damages before the secondary issue of 'how much?'.  The judge usually decides (only very rarely will the jury decide e.g. in defamation cases) how to award by way of damages and will be helped by the lawyers for the claimant and the defendant.

Liquidated damages on the other hand can be calculated arithmetically and can be determined.  Unliquidated damages may be made up of general damages for pain and suffering, loss of amenity, potential loss of future earnings and will not be known until determined.  Special damages intended to cover a specific loss such as a particular object or possession, for example a particular make of a vehicle, can be established.








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