Exemplary damages: Difference between revisions

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 }}{{d|Exemplary damages|/ɪgˈzɛmpləri ˈdæmɪʤɪz/|n|}} [''Only for civil wrongs not governed by a [[contract]]'']
-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, or ill-gotten gain it must disgorge.
+Not, generally, available as a remedy for [[breach of contract]], even in the US tbough should one commit a separate [[tort]] whilst otherwise ''performing'' a contract, one may still be liable for [[exemplary damages]] to the victim of the [[tort]].
+For example say, in the service of your employer, you [[Fardell v Potts|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.
 Not to be confused with [[aggravated damages]], which address unusual distress that he may have caused the victim, and therefore are still compensatory in nature, or [[consequential loss]], that speculative “oh-yeah-Jimmy-Hill” style damages for profits you ''might'' have made elsewhere had you not been busy being breached at under this contract.