The Law Dictionary

Your Free Online Legal Dictionary • Featuring Black’s Law Dictionary, 2nd Ed.


Definition & Citations:

The former term is applicable when the amount of the damages has been ascertained by the judgment in the action, or when a specific sum of money has been expressly stipulated by the parties to a bond or other contract as the amount of damages to be recovered by either party for a breach of the agreement by the other. Watts v. Shep- pard, 2 Ala. 445; Smith v. Smith, 4 Wend. (N. Y.) 470: Keeble v. Keeble, 85 Ala. 552, 5 South. 149: Eakin v. Scott, 70 Tex. 442, 7 S. W. 777. Unliquidated damages are such as are not yet reduced to a certainty in respect of amount, nothing more being established than the plaintiff’s right to recover; or such as cannot be fixed by a mere mathematical calculation from ascertained data in the case. Cox v. Mclaughlin, 76 Cal. 60, 18 Pac. 100, 9 Am. St. Rep. 164.

TLD Example 1: The contract contained a liquidated damages clause, so the plaintiff in the breach of contract lawsuit did not have to prove the amount of its losses.

TLD Example 2: Personal injury lawsuits require a victim to present evidence establishing the amount of its unliquidated damages in order to receive compensation.


This article contains general legal information but does not constitute professional legal advice for your particular situation. The Law Dictionary is not a law firm, and this page does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.