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Damages that are sufficiently uncertain may be referred to as unliquidated damages, and may be so categorized because they are not mathematically calculable or are subject to a contingency. Contracts in the NEC3 family use the term 'low service damages' (optional clause X.17) and generally include a Low Service Damages Schedule.
Examples of unspecified claims are unspecified damages for personal injuries, such as from a motor vehicle accident (MVA) or medical malpractice. [citation needed] Unspecified claim was previously known in the common law, especially in Britain and Pakistan, as an unliquidated claim. [1] [2] [3]
Damages in tort are awarded generally to place the claimant in the position in which he would have been had the tort not taken place. [16] Damages for breach of contract are generally awarded to place the claimant in the position in which he would have been had the contract not been breached. This can often result in a different measure of damages.
Tort, in an insurance capacity, means that the at-fault party can be held responsible for the damages or injuries they caused. If the driver or their insurance company does not pay you for the ...
Sir J. Scarlett.—Besides this, I submit, that, as the damages are unliquidated, that gives the plaintiff a right to begin, to shew the extent of the injury he has received. Lord Tenterden, C. J.—Till the issue is tried that question does not arise. The defendant, in person, relied on the cases of Hodges v. Holder, [1] Jackson v.
Other than pecuniary damages, which is the most common type of damages recovered, there are a few other recognizable types of damages under English law, and still others that have their validity subject to ongoing debate: Injured feelings and disappointment; Injured reputation; Speculative damages; Liquidated damages and penalty; Quantum meruit [4]
Damages may be liquidated or unliquidated. Suits may be brought for Constitutional claims, particularly taking of property by the government to be compensated under the Fifth Amendment. Parties may bring suit for a refund of taxes paid. Explicitly excluded are suits in which a claim is based on a tort by the government.
In accounting, contingent liabilities are liabilities that may be incurred by an entity depending on the outcome of an uncertain future event [1] such as the outcome of a pending lawsuit.