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Exemplary damages: Difference between revisions
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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. | 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 | Not, generally, available as a remedy for [[breach of contract]], even in the US, though should one simultaneously commit a [[tort]] ''while 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. | 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. | ||