Exemplary Damages

What Are Exemplary Damages in Tort Law?

Quick Definition

Exemplary damages, also known as punitive damages, are awarded in addition to compensatory damages to punish the defendant for particularly egregious or malicious conduct. These damages aim to deter similar behaviour in the future.

In Context

Exemplary damages are not commonly awarded and are reserved for cases where the defendant's actions are deemed outrageous or intentionally harmful. For instance, if a company knowingly sells a dangerous product, a court might award exemplary damages to penalise the company and discourage such conduct. A famous case involving exemplary damages is Rookes v. Barnard (1964), which outlined the circumstances under which such damages could be awarded, focusing on oppressive, arbitrary, or unconstitutional actions by the defendant.

See Also

• Compensatory Damages

• Aggravated Damages

• Negligence

Learn More

To delve deeper into exemplary damages and other tort law concepts, check out our Tort Law Notes for detailed case law, examples, and revision tips.