Stipulation of amount of damages in contract-Claim for
damages for branch--If claim for liquidated or unliquidated
damages.
'Sums due,' meaning ... present case, the claim is for damages for
breach of the contract. The damages claimed are liquidated
damages under cl. 14 of the Contract
ascertained" and it is contended that this would cover unliquidated damages for breach of contract, I do not, however, consider that ... main characteristic of a "debt" as opposed to unliquidated
damages is that the former is a sum certain or capable of being reduced
adduced by both the parties to the
dispute. Counter claim towards unliquidated damages has been awarded
in favour of the respondent by the Arbitrator without ... other sums awarded in favour of the respondent are all unliquidated
damages falling under Section 73 of the Indian Contract Act;
d)There
adduced by both the parties to the
dispute. Counter claim towards unliquidated damages has been awarded
in favour of the respondent by the Arbitrator without ... other sums awarded in favour of the respondent are all unliquidated
damages falling under Section 73 of the Indian Contract
loss or damages, no damages can be granted.
13. Mr. Kamdar would submit that where liquidated damages are
awarded, the assessment of unliquidated damages over ... reasonable assessment of damages. Therefore, one cannot
agree to liquidated damages indicating that it is not possible to quantify
damages, award the same, and also
loss or damages, no damages can be granted.
13. Mr. Kamdar would submit that where liquidated damages are
awarded, the assessment of unliquidated damages over ... reasonable assessment of damages. Therefore, one cannot
agree to liquidated damages indicating that it is not possible to quantify
damages, award the same, and also
damages in terms of money. If there is no prayer for
liquidated damages, then I am afraid he could get none whatsoever towards
unliquidated damages ... unliquidated damages, while on
the one hand quantifying damages in paragraph 6 of the plaint but still
asking for only unliquidated damages without laying down
damages for breach of the contract
between the parties. Now, it is true that the damages
which are claimed are liquidated damages under Clause ... claim
whether it be for liquidated damages or for
unliquidated damages. Section 74 of the Indian
Contract Act eliminates the somewhat elaborate
refinements made under
definite sum and does not include any claim for unliquidated damages or a sum of money which is capable of being ascertained ... damages they must be deemed to exclude the right to claim an unascertained sum of money as damages. The right to claim liquidated damages
plaintiffs under these circumstances: The action was brought for unliquidated damages arising upon an alleged breach of contract, which was made between the plaintiffs ... noted that in this case where the claim is for unliquidated damages, even if a written statement had been put in, it would not have
