The demonstratio was used only in unliquidated, in personam claims, and stated the facts out of which the claim arose.
|
|
To implicate the contested liability doctrine, the original amount > of the debt must be unliquidated. A total denial of liability is not a > dispute touching upon the amount of the underlying debt.
|
|
The concept of civil penalties in English is in a state of flux. In contract, damages is a remedy to provide monetary compensation for loss; and damages may be unliquidated (general damages), or liquidated (pre-determined). In the absence of an out-of court settlement, unliquidated damages must be ascertained by a court or tribunal, whereas liquidated damages will be determined by reference to the contract or to a mutually agreed arbitrator. The purpose of liquidated damages is to provide certainty and to avoid both the bother and cost of legal proceedings.
|
|
Suits may arise out of express or implied contracts to which the government was a party. Damages may be liquidated or unliquidated. Suits may be brought for Constitutional claims, particularly taking of property by the government to be compensated under the Fifth Amendment. Parties may bring suit for a refund of taxes paid.
|
|
The Tenth Circuit criticized the Zarin decision in Preslar v. Commissioner, suggesting that the Third Circuit had erred in treating liquidated and unliquidated debts alike. > The problem with the Third Circuit's holding is it treats liquidated and > unliquidated debts alike. The whole theory behind requiring that the amount > of a debt be disputed before the contested liability exception can be > triggered is that only in the context of disputed debts is the Internal > Revenue Service (IRS) unaware of the exact consideration initially exchanged > in a transaction ... The mere fact that a taxpayer challenges the > enforceability of a debt in good faith does not necessarily mean he or she > is shielded from discharge-of-indebtedness income upon resolution of the > dispute.
|
|
Monroe incurred many unliquidated debts during his years of public life. He sold off his Highland Plantation. It is now owned by his alma mater, the College of William and Mary, which has opened it to the public as a historic site. Throughout his life, he was financially insolvent, which was exacerbated by his wife's poor health.
|
|
Litterio, 213 Va. 3, 189 S.E.2d 314 (1972). That defendant is also deemed to have waived his right to a jury trial. In order for a plaintiff to obtain a default judgment, she must apply to the trial court for entry of such a judgment. Whether a hearing on damages is subsequently held depends largely on whether damages are liquidated or unliquidated.
|
|
By the time of Ulpian there was a condictio certae creditae pecuniae for money and a condictio certae res to establish the value of a thing. Actio ex stipulatu – This is a claim for an uncertain thing and would give unliquidated damages e.g. failure to do something. The procedure was that you would quote the words of the stipulatio and the iudex would determine the amount due.
|
|
Accord and satisfaction is a settlement of an unliquidated debt. For example, a builder is contracted to build a homeowner a garage for $35,000. The contract called for $17,500 prior to starting construction, to disburse $10,000 during various stages of construction, and to make a final payment of $7,500 at completion. At completion, the homeowner complained about inferior work quality and refused to make the final payment.
|
|
A financial issue with the Philippine Sports Commission (PSC) was resolved on September 14, 2018 when the PFF remitted amount of unliquidated financial assistance from the government agency. The scope of the financial aid covers the administrations of the PFF from past 1996 to 2010. The PFF was given the right to hold AFC ‘A’ and AFC ‘B’ Diploma Courses in the Philippines by the Asian Football Confederation starting 2019.
|
|
An unspecified claim is a tort claim "where the amount to be awarded is left to the Court to determine." Lawyer Supermarket web site Examples of unspecified claims are unspecified damages for personal injuries, such as from a motor vehicle accident (MVA) or medical malpractice. Unspecified claim was previously known in the common law, especially in Britain and Pakistan, as an unliquidated claim. Pakistani courts' official web site Woolf Report, search for "unspecified claim".
|
|
The Senate's committee on sports held a hearing on November 22 regarding alleged unliquidated funds given to the sports body by the government and the contentious disqualification of Vargas. The POC made an unsuccessful request to have the hearing cancelled. Its lawyers attended the oral hearings since the POC stated that President Peping Cojuangco had to attend to a hearing regarding the TRO petition filed by Vargas' camp. However Cojuangco did not attend the TRO hearing.
|
|
Vargas said that they will form a "NSA- type" committee to deal with the issue regarding the POC's alleged unliquidated funds provided by the Philippine Sports Commission for its NSAs. To cool-off hostilities Vargas has expressed writing off debts of the NSA as a possible option. Vargas and Tolentino were sworn in before Philippine President Rodrigo Duterte in a simple ceremony at the Malacañang Palace on 5 March 2018 which marked the official start of their terms.
|
|
Where the case is premised on liquidated damages, such as a breach of a promissory note, then judgment will be entered in that amount. If damaged are unliquidated, however, the plaintiff must move for a hearing on damages, which will be decided by the court unless the plaintiff demands a jury on the damages claim. A defendant who has defaulted may still appear at the damages hearing to contest the amount of damages, but can not challenge liability.
|
|
The two claims do not need to be intrinsically connected. # Equitable set-off. or Transaction set-off Outside of litigation, where two mutual claims arise out of the same matter or a sufficiently closely related matter and an injustice would be done if not enforced, the claims will set off in equity.P Wood Title Finance, Derivatives, Securitisation, Set off and Netting, (London: Sweet & Maxwell, 1995), 189 Both sums must be due and payable, but may be for liquidated or unliquidated sums.
|
|
In Chapters 7, 12, and 13, creditors must file a "proof of claim" to get paid. In a Chapter 11 case, a creditor is not required to file a proof of claim (that is, a proof of claim is "deemed filed") if the creditor's claim is listed on the debtor's bankruptcy schedules, unless the claim is scheduled as "disputed, contingent, or unliquidated".See generally subsection (a) of . If the creditor's claim is not listed on the schedules in a Chapter 11 case, the creditor must file a proof of claim.
|
|
In England motions for summary judgments were used only in cases of liquidated claims, there followed a steady enlargement of the scope of the remedy until it was used in actions to recover land or chattels and in all other actions at law, for liquidated or unliquidated claims, except for a few designated torts and breach of promise of marriage. English Rules Under the Judicature Act (The Annual Practice, 1937) O. 3, r. 6; Orders 14, 14A, and 15; see also O. 32, r. 6, authorizing an application for judgment at any time upon admissions.
|
|
Whether the debt is liquidated or unliquidated does not matter, and the set-off will apply to future or contingent claims if the debts are provable. Insolvency set-off operates on liquidation and administration, where the administrator gives notice of his intention to make a distribution.Rules 14.25 and 14.25 of the Insolvency Rules 1986 The five types of set off are extremely important as a matter of efficiency and of mitigating risk. Contractual set offs recognised as an incident of party autonomy whereas banker right of combination is considered a fundamental implied term.
|
|
In addition it created a development program to assist the full-blood members to prepare for federal termination. Anyone with less than half Ute blood was automatically classified as part of the mixed-blood group. Anyone with more than half Ute blood quantum was allowed to choose which group they wished to be part of going forward. Under the Act, the mixed-bloods were to select representatives in an unincorporated association, the Affiliated Ute Citizens (AUC), which in turn created the Ute Distribution Corporation (UDC) to manage their oil, gas, and mineral rights and unliquidated claims against the federal government as part of the plan for distributing assets to individual mixed-bloods.
|
|
Goode (2011) 117, notes creditors who seek quick payment will often prefer to press for a summary judgment, or will apply under IA 1986 s 123(1)(e) so they do not have to wait for the 3 week period to expire. English law draws a distinction between a "debt", which is relevant for the cash flow test of insolvency under section 123(1)(e), and a "liability", which becomes relevant for the second "balance sheet" test of insolvency under section 123(2). A debt is a sum due, and its quantity is a monetary sum, easily ascertained by drawing up an account. By contrast a liability will need to be quantified, as for instance, with a claim for a breach of contract and unliquidated damages.
|
|
Lord Hoffman gave a long and careful exposition of the law relating to both procedural and insolvency set-off as it had developed from the time of Queen Anne. He noted that whilst procedural set-off required the claims to be a definite amount at the time the claims merged into a cause of action by way of issuing legal proceedings, insolvency set-off was not so limited. It was possible to set-off claims which were unliquidated, future or subject to contingencies under the insolvency set-off regime. He further held that the operation of the set-off was automatic, and did not require any action on the part of the parties, following National Westminster Bank Ltd v Halesowen Presswork & Assemblies Ltd [1972] AC 785 on this point.
|
|