Liquidated damages | Practical Law

Liquidated damages | Practical Law

Liquidated damages

Liquidated damages

Practical Law UK Glossary 7-107-6769 (Approx. 4 pages)

Glossary

Liquidated damages

A fixed or determined sum agreed by the parties to a contract to be payable on breach by one of the parties. If a liquidated damages payment constitutes a penalty it will be unenforceable. The term also describes sums expressly payable as liquidated damages under statute. In all other cases where the court quantifies or assesses damages or loss, whether pecuniary or non-pecuniary, the damages are known as unliquidated damages.