2 Answers
Exemplary damages are damages awarded in a court case which go beyond compensation to the victim. These damages are also known as punitive damages in some legal systems. Not all nations allow courts to award exemplary damages and nations which do not generally will not uphold rulings of this nature. They are explicitly intended as punishment to penalize the individual found in the wrong, not to compensate the victim for any injuries which might have been experienced.
In order for exemplary damages to be awarded, a case generally needs to meet a specific standard. Nations which allow courts to award damages of this type generally require that the case demonstrate that the person paying the damages committed the wrongful act willfully, maliciously, or recklessly. Thus, activities like fraud and malicious defamation would be eligible for exemplary damages, while simple negligence would not.
Civil cases allow people to recover compensation which they experience injuries as a result of the actions of others. The court does, however, distinguish between different types of actions. There is a distinct difference, for example, between negligent driving which leads to a crash and an intentional decision to run into someone. In the first case, the victim of the crash could receive compensatory damages to pay for medical expenses and repair to the car, but not exemplary damages. In the second case, exemplary damages could be awarded because the driver acted with malice.
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