Exemplary damages: Difference between revisions

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{{a|contract|
{{a|contract|
[[File:Naughty.jpg|450px|thumb|center|A candidate for [[exemplary damages]], yesterday.]]
[[File:Naughty.jpg|450px|thumb|center|A candidate for [[exemplary damages]], yesterday.]]
}}{{d|Exemplary damages|/ɪgˈzɛmpləri ˈdæmɪʤɪz/|n|}}
}}{{d|Exemplary damages|/ɪgˈzɛmpləri ˈdæmɪʤɪz/|n|}} [''Only for civil wrongs not governed by a [[contract]]'']


Tort, and non-contractual civil wrongs:
In which a court becomes unusually censorious, and departs from its usual role of merely ''compensating'' victims of civil wrongdoing, and proactively ''punishes'' a wrongdoer for its naughtiness, independently of any compensable loss it has caused. Not, generally, available as a remedy for [[breach of contract]], even in the US though there (and, frankly, in the UK also) one commits a separate [[tort]] whilst otherwise ''performing'' in a contract, you may still be liable for [[exemplary damages]] on the [[tort]]. If, in the service of your employer, you navigate your punt so outrageously and to the detriment of a third party not being your employer or one of its customers, that the court feels you should be punished, look out.
In which a court becomes unusually censorious, and departs from its usual role of merely ''compensating'' victims of civil wrongdoing, and proactively ''punishes'' a wrongdoer for its naughtiness, independently of any compensable loss it has caused. Not, generally, available as a remedy for [[breach of contract]], even in the US though there (and, frankly, in the UK also) one commits a separate [[tort]] whilst otherwise ''performing'' in a contract, you may still be liable for [[exemplary damages]] on the [[tort]]. If, in the service of your employer, you navigate your punt so outrageously and to the detriment of a third party not being your employer or one of its customers, that the court feels you should be punished, look out.