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 ?
They finally made a tender [promising to pay money] after admitting liability for the purposes of endeavouring to prevent me having my day in court or an assessment of damages by the High Court.
12 /PRNewswire/ -- Pfizer Inc today said a jury verdict finding the company infringed on a trademark was wrong on its merits, and that it plans to contest both the liability finding and the assessment of damages.
Liability was admitted in the matter and the case proceeded as an assessment of damages only.
The terms of the Agreement include a voluntary assessment of damages of $25,000 per day from the date of the Agreement, January 21, 1999, until successful demonstration of the system, projected to be on or before March 15, 1999.
Yesterday, the court heard the families had settled matters between themselves and the action was proceeding as an assessment of damages.
The case was ordered to go to trial on the assessment of damages, but instead, a settlement has been reached.
Advanced chemical fingerprinting has recently been used in scores of cases -- including some well known ones -- to help determine a fair assessment of damages and allocation of responsibility:
The Government of Tamil Nadu has sought urgent financial assistance from the Centre and has also asked for a central team to be deputed immediately to make an on-the-spot assessment of damages.
He said assessment of damages in Chitral district is in progress after which compensation would be given to the affected people.
Mr Justice Anthony Barr was told liability was admitted last month and the action, which includes a claim for nervous shock on Mr Hamilton's part, is before the court for assessment of damages.
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.
UNICEF will conduct a rapid assessment of damages and needs within the coming hours, as conditions allow more access to the hardest hit regions.

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