assessment of damages

See: additur

ASSESSMENT OF DAMAGES. After an interlocutory judgment has been obtained, the damages must be, ascertained; the act of thus fixing the amount of damages is called the assessment of damages.
     2. In cases sounding in damages, (q.v.) that is, when the object of the action is to recover damages only, and not brought for the specific recovery of lands, goods, or sums of money, the usual course is to issue a writ of inquiry, (q.v.) and, by virtue of such writ, the sheriff, aided by twelve lawful men, ascertains the amount of damages, and makes return to the court of the inquisition, which, unless set aside, fixes the damages, and a final judgment follows.
     3. When, on the contrary, the action is founded on a promissory note, bond, or other contract in writing, by which the amount of money due may be easily computed, it is the practice, in some courts, to refer to the clerk or prothonotary the assessment of damages,. and in such case no writ of inquiry is issued. 3 Bouv. Inst. n. 8300.

References in periodicals archive ?
2018 in two appeals whereby the court analyses the principles and the means for the assessment of damages due to breach of contract.
Officers of the Department of Trade, Investment Promotions and Consumer Affairs recently commenced site visits to the affected businesses to gain an assessment of damages and remedial costs, impact sustained to structures, equipment, furniture and surrounding environment and other issues arising from the flooding.
GILGIT -- Chief Minister (CM) Gilgit Baltistan, Hafiz Hafeez-ur-Rehman has directed the authorities concerned to prepare a comprehensive plan for assessment of damages and losses caused by floods besides repair and rehabilitation of all flood affected areas for providing relief to the masses.
Rijiju further said that an Inter-Ministerial Central Team (IMCT) that was constituted on July 21, is visiting the damaged areas of the state for on-the-spot assessment of damages of immediate and temporary nature and further action would be taken in the matter.
The case will return to the employment tribunal next month for an assessment of damages, unless an agreement can be reached out of court.
The teams will be comprises officers of all concerned departments, Chairman and Vice Chairman concerned UC's which will carry out assessment of damages and furnish its reports within a week.
Assessment of damages in international law sources is examined, and compensation is explored in the context of remedies.
Sources said that Fata Secretariat was also inquiring the matter and the process was in the pipeline which might take a month adding that the officials were doing survey in Bajur Agency for the correct assessment of damages and the compensations amount received by the operations affected people.
In mid-October 2014, the Central Bank of Russia (CBR) published new rules for compulsory motorists' third party liability (CMTPL) covers which set out standardised guidelines for the sizes of claims payments and the assessment of damages by independent experts.
Now in his 70s, Delaney has not opposed the action and the claim is at court for assessment of damages only.
Over and beyond the immediate cleanup, the Aquino government should ensure a full and comprehensive assessment of damages to our natural resources and environment and should not be part of any attempt to downplay the extent of the impact

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