Exemplary damages

The exemplary damages or punitive , in English exemplary rammings or punitive rammings , are compensation much higher than the undergone damages, which can be granted by a court which in order to punish the faulty behavior, and not simply to compensate. The concept is specific to the the United States and some other countries of Common law . Usually, one imposes exemplary damages in the case of a particularly reprehensible antisocial behavior, such as the fraud or any act intentionally abusive or punishable. Since the beginning of the 20th century, it is possible to claim exemplary damage in the case of an action founded in criminal Responsabilité ( wrong ), but not in contractual Liability, (except for some exceptions.) The exemplary damage concerns the discrétionnaire appreciation of the judge, never of a right. Although one currently regards them as a phenomenon of the American right, one can recall the existence of exemplary damage until in the Old Testament: Ex 21: 37 “If somebody steals an ox or a lamb, then the slaughtering and sells it, it will return five heads of cattle for ox and four heads of smaller live-stock for the lamb. ”

The “punitive” role of the exemplary damages is strongly criticized by the common lawyers. In Germany, for example, the State assimilates all the punitive functions, including the fines, with the criminal law, field where the constitution gives him exclusive competence. One can defend this point of view while asserting that the exemplary damage should be isolated because of their criminal or quasi-criminal nature. After all, which one aims in a civil proceeding, particularly in the context of the right of the civil responsibility, it is a repairing ( restitutio in integrum ), which does not exclude from the sanctions to the penal one. To tell the truth, the American legislators are not entirely in disagreement with this point of view. The American courts also believe that the exemplary damages have common points with the sanction with the criminal. However, where the European courts (such German courts) reject purely and simply the concept of compensation specimens, the American courts, for their part, accept it when the rules of substance and of procedure contain parapets which make it possible to minimize the risk of unjust sanctions.

In Quebec

Article 1621 of the Civil code of Quebec lays out that the value of the punitive damages cannot exceed what is sufficient to provide their preventive function. They can be allotted within the limits fixed by article 1899 of the Civil code of Quebec.

See too

; Bibliography

Camille Jauffret-Spinosi, “punitive damages in the foreign systems of right”, LPA, November 20th, 2002 n° 232, P. 8
Pierre Pratte, the role of the punitive damage in Québécois right , Re-examined Bar , volume 59, Fall 1999
Pauline Roy, exemplary damage in Québécois right: instrument of revalorization of the civil responsibility , Montreal, F.E.S., University of Montreal, 1996,601 p. (thesis of doctorate)
Pauline Roy, “O.L.R.C.: Carryforward one Exemplary Rammings” (Chronic bibliographical), Re-examined Canadian Bar , 1992,9 p.
Pauline ROY, “the difficult integration of the concept of exemplary damage in Québécois right”, the civil responsibility and damage - In constant evolution , Toronto, Canadian Institute, 1990,85 p.

; Related articles

Liebeck Lawsuit against McDonald's

; External bonds

BMW OFF North America, Inc v. Gore 517 U.S 559 (1996)

Mc C, extreme coffee, and an pet in the microwawe oven: a reconsideration of the American notion of the exemplary damage

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