Unliquidated Damages – damages not agreed on by the parties, and that cannot be determined by a fixed formula and must be established by a judge or jury

unliquidated damages:

1. Damages that cannot be determined by a fixed formula and must be established by a judge or jury. [1]

1. Damages not stipulated by the parties or otherwise determined as to amount thereof.  22 Am J2d Damg § 212.

Not an existing indebtedness within the meaning of attachment statutes.  Craig v Gaddis, 171 Miss 379, 157 So 684, 95 ALR 1494.
     A claim for unliquidated damages is not included within the expression “goods, effects, or credits.”  Wilde v Mahancy, 183 Mass 455, 67 NE 337. [2]

1. Damages whose amount is not agreed upon by the parties or which cannot be determined by applying the rules of law or by mathematical calculation. [3]


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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]: Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.


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