Liquidated Damages: Tort lawWatch this thread
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!
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.