Esophagitis is caused by an infection or irritation in the esophagus. An infection can be caused by bacteria, viruses, fungi, or diseases that weaken the immune system. Infections that cause esophagitis include: Candida. This is a yeast infection of the esophagus caused by the same fungus that causes vaginal yeast infections.
Unliquidated damages means the amount of damages to be fixed or determined by the Court. 1  The person who commits or is guilty of a tort is called a tortfeasor. ( 2 Gordon v. Lee, 133 Me. 3  361, 178 A. 353, 355).
Assuming liquidated damages are unenforceable because they are a penalty, the relevant party will ordinarily be entitled to general damages for breach. A clause that made liquated damages the partyâs exclusive remedy would prevent any claim for general damages. To avoid this outcome, when combining a liquated damages and exclusive remedy clause, the exclusive remedies should be liquidated damages or general damages should the liquidated damages be unenforceable.