Editing Damages (section)

== Punitive damages (non-compensatory) ==
{{Main|Punitive damages}}

Generally, '''punitive damages''', which are also termed ''exemplary damages'' in the United Kingdom, are not awarded in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff. Punitive damages are awarded only in special cases where conduct was egregiously insidious and are over and above the amount of compensatory damages, such as in the event of [[Malice (law)|malice]] or [[intent (law)|intent]]. Great judicial restraint is expected to be exercised in their application. In the United States punitive damages awards are subject to the limitations imposed by the [[due process of law]] clauses of the [[Fifth Amendment to the United States Constitution|Fifth]] and [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendments]] to the [[United States Constitution]].

In England and [[Wales]], exemplary damages are limited to the circumstances set out by [[Patrick Devlin, Baron Devlin|Lord Devlin]] in the leading case of ''[[Rookes v. Barnard]]''. They are:

#Oppressive, arbitrary or unconstitutional actions by the servants of government.
#Where the defendant's conduct was 'calculated' to make a profit for himself.
#Where a statute expressly authorises the same.

''Rookes v Barnard'' has been much criticized and has not been followed in Canada or Australia or by the [[Privy Council]].

Punitive damages awarded in a US case would be difficult to get recognition for in a European court, where punitive damages are most likely to be considered to violate {{lang|fr|[[ordre public]]}}.<ref>{{cite book|last1=Koziol|first1=Helmut|last2=Wilcox|first2=Vanessa|title=3709109647|date=2011|publisher=Springer Vienna|isbn=978-3709109649|url=https://books.google.com/books?id=SZlWtQAACAAJ|access-date=19 September 2017}}</ref>

=== Aggravated damages ===

Some jurisdictions recognize a form of damages, called, aggravated damages, that are similar to punitive or exemplary damages. Aggravated damages are not often awarded; they apply where the injury has been aggravated by the wrongdoer's behaviour, for example, their cruelty.<ref>{{cite book|last=Behand|first=Nadine|title=How To Run Your Own Court Case|year=2009|publisher=Redfern Legal Centre|location=Sydney|isbn=978-1-921410-83-3|page=145}}</ref>