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Exemplary Damages as the Ultimate Punishment for the Guilty

27/04/2023 by
The Marketing Team
When it comes to civil lawsuits, exemplary damages are a powerful tool that can help hold wrongdoers accountable and provide a sense of justice to those who have been wronged. Business Kitz has written this handy blog to explain what exactly exemplary damages are! What is an exemplary person? An exemplary person sets a high […]
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Criminal Law

When it comes to civil lawsuits, exemplary damages are a powerful tool that can help hold wrongdoers accountable and provide a sense of justice to those who have been wronged. Business Kitz has written this handy blog to explain what exactly exemplary damages are!

What is an exemplary person?

An exemplary person sets a high standard of conduct and behaviour, inspiring others to emulate them. They positively impact those around them and serve as a role model for others to aspire to. Their actions and values align, creating a consistent message of excellence and morality.

Exemplary behavior refers to actions and attitudes that embody the highest standards of ethics and morality. This is consistently demonstrating positive traits such as honesty, integrity, kindness, respect, and responsibility. An exemplary model is someone who sets a high standard for others to follow through with their admirable behaviour and accomplishments.

What are exemplary damages?

An exemplary damages definition is a type of monetary compensation awarded to a plaintiff in a civil lawsuit. They are intended to punish the defendant for their egregious behaviour and deter them and others from engaging in similar conduct in the future.

Exemplary damages are not available in all cases, and the court must consider various factors. Overall, the purpose of exemplary damages is to send a message that certain types of behaviour will not be tolerated in society.

What types of damages are exemplary?

Under the Queensland Civil Liability Act 2003, exemplary damages, are awarded in cases where the defendant's conduct is deemed "outrageous, malicious, or reprehensible." This is meant to punish the defendant for their wrongful behaviour and serve as a deterrent.

Three types of exemplary damages may be awarded in Queensland:

  1. Damages to punish: This type of exemplary damages is awarded to punish the defendant for their conduct and deter them from engaging in similar conduct in the future.
  2. Damages to deter: This type of exemplary damages is awarded to deter others from engaging in similar conduct. Showing that certain types of behaviour will not be tolerated.
  3. Damages for other purposes: This type of exemplary damages are awarded for purposes other than punishment or deterrence, such as compensation for the plaintiff's legal costs or the loss of reputation.

What is the meaning of punitive damages?

Punitive damages are a type of monetary compensation awarded to a plaintiff in a civil lawsuit. 

Under the Queensland Civil Liability Act 2003, these damages are typically awarded in addition to compensatory damages, which are meant to compensate the plaintiff for their actual losses.

The purpose of punitive damages is to hold the defendant accountable for their wrongful behaviour and ensure that justice is served. They are designed to be a deterrent to others who might engage in similar conduct, as well as to provide a sense of closure and satisfaction to the plaintiff.

Punitive damages are not available in all cases, and the court must carefully consider the circumstances of each case. The amount of punitive damages awarded is typically proportional to the severity of the defendant's conduct and their ability to pay.

What is the difference between exemplary or punitive damages?

Exemplary damages and punitive damages are often used interchangeably, but there are subtle differences between the two.

Exemplary punishment is a type of monetary compensation awarded to a plaintiff in a civil lawsuit to punish the defendant for their conduct and deter them and others from engaging in similar behaviour in the future. Under the Queensland Civil Liability Act 2003, exemplary damages may be awarded for purposes other than punishment or deterrence, such as compensation for the plaintiff's legal costs or the loss of reputation they suffered as a result of the defendant's conduct.

Punitive damages, on the other hand, are a specific type of exemplary damages that are designed to punish the defendant for their conduct and deter others from engaging in similar behaviour in the future. Like exemplary damages, punitive damages are awarded in addition to compensatory damages, and the amount awarded is typically proportional to the severity of the defendant's conduct and their ability to pay.

Overall, the difference between punitive or exemplary damages is one of emphasis. Exemplary damages may be awarded for purposes other than punishment or deterrence, while punitive damages are specifically designed to punish and deter.

Legal Advice

If you have any questions regarding what exemplary damages are, and how they might affect you, please do not hesitate to contact our sister company, Legal Kitz to assist you. You can request to book a free 30-minute consultation with their experienced and highly qualified team via our website now.

Additionally, you can also check out our Business Kitz Subscription to access our full range of legal, commercial and employment document templates.

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The Marketing Team
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