Exemplary damages, also known as punitive or vindictive damages, are those given beyond the actual or compensatory damages, and in the nature of a punishment to the wrongdoer. Exemplary damages are only awarded in cases where the act of the defendant involved insult, fraud, malice, or oppression.4

Exemplary damages can generally only be recovered in an action of tort.5 Actions for breach of promise of marriage are an exception to the general rule;6 as are also actions on a statutory bond, where its condition was broken up by an act constituting a tort such as would ordinarily justify the infliction of exemplary damages.7 Exemplary damages are never given in courts of equity.8