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Legal Remedies Commons

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Seattle University Law Review

2007

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Full Compensation, Not Overcompensation: Rethinking Prejudgment Interest Offsets In Washington, Aric Jarrett Jan 2007

Full Compensation, Not Overcompensation: Rethinking Prejudgment Interest Offsets In Washington, Aric Jarrett

Seattle University Law Review

Following this introduction, Part II explores the nature and purposes of prejudgment interest, focusing on the role that prejudgment interest plays in a claimant's remedy or damage award and exploring the historical distinction between liquidated and unliquidated claims. Part III builds on this historical distinction by examining two different approaches for calculating prejudgment interest where a meritorious liquidated claim is countered by a meritorious unliquidated counterclaim: (1) the Washington rule, also known as the interest on the entire claim or interest on the whole rule; and (2) the interest on the balance rule and its slight variation in California, which …