Liquidated Damages: Tort law

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artymaniac
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#1
Report Thread starter 5 years ago
#1
Hey guys, I was just doing some revision, and was wondering if someone could clarify if I am on the right path. I am comparing contract and tort law, and have concluded that Tort law is to do with unliquidated damages, as this means any damage after the breach of contract, and contract law is based on liquidated damages, so damages are decided before if the breach occurs..But I have also just read that unliquidated damages cannot be a physical amount- meaning that it is something like psychological harm? or something that it hard to quantify? so according to this can contract not have this too?
I used winfields definition, and may have misinterpreted it :
Tortious liability arises from the breach of a duty primarily fixed by law, such duty is towards persons generally and its breach is redressible by an action for unliquidated damages”

Any clarification regarding the difference would be greatly appreciated!

Thank you.
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#2
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#2
I think you are making this too complicated and confusing yourself.

Liquidated damages are damages which the parties have agreed in advance will be payable, and have agreed in what amount they will be payable on the occurrence of a specified event, and which do not amount to a penalty.

It should be obvious that, except perhaps in some corner cases where there is an overlapping cause of action in contract and in tort, damages in tort will always be unliquidated.

Damages in contract could be either liquidated or unliquidated depending on whether the parties have agreed them in advance.
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