Exemplary damages, damages on an unsparing scale, given in respect of tortious acts, committed through malice or other circumstances of aggravation. In Belt. v. Lawes, (1884) 2 QBD 356, an action by a sculptor for libellously styling him an impostor, the jury awarded 5,000l. damages, and a rule for a new trial on the ground (amongst others) of excessive damages was discharged by the High Court. The Court of Appeal affirmed this judgment, but laid it down that the Court had power to refuse a new trial on the plaintiff alone, and without the defendant consenting to the damages being reduced to such an amount as the Court would not consider excessive had they been given by the jury.
Where a cause of action survives against or for the benefit of a deceased person's estate, the damages recoverable shall not include any exemplary damages. [(English) Law Reform (Miscellaneous Provisions) Act, 1934 (24 & 25 Geo. 5, c. 41)]
View Judgments Citing this Phrase View Acts Citing this Phrase