(; also spelled ''ex-gratia'') is
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power ...
for "by favour", and is most often used in a
legal
Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. ...
context. When something has been done ''ex gratia'', it has been done voluntarily, out of kindness or grace. In
law, an ''ex gratia payment'' is a payment made without the giver recognising any
liability or legal obligation.
Examples
Compensation payments are often made ex gratia if a
government
A government is the system or group of people governing an organized community, generally a state.
In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government ...
or organization is prepared to compensate victims of an event such as an
accident
An accident is an unintended, normally unwanted event that was not directly caused by humans. The term ''accident'' implies that nobody should be blamed, but the event may have been caused by unrecognized or unaddressed risks. Most researche ...
or similar but not to admit liability to pay compensation or for causing the event.
* A company conducting
layoff
A layoff or downsizing is the temporary suspension or permanent termination of employment of an employee or, more commonly, a group of employees (collective layoff) for business reasons, such as personnel management or downsizing (reducing the ...
s may make an ex gratia payment to the affected employees that is greater than the statutory payment required by the law, perhaps if those employees had a long and well-performing service with the company.
* An insurance company may make an ex gratia payment to customers if a claim does not meet the terms and conditions but the company chooses to make a voluntary payment out of kindness or compassion, without recognizing any obligation to make such a payment.
* When the
USS ''Vincennes'' fired upon
Iran Air Flight 655
Iran Air Flight 655 was a scheduled passenger flight from Tehran to Dubai via Bandar Abbas that was shot down on 3July 1988 by two SM-2MR surface-to-air missiles fired by the , a Cruiser#US cruiser development, guided-missile cruiser of the Unit ...
in 1988, killing some 290 people, the
US President
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States ...
decided that the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., federal district, five ma ...
would offer compensation, on an ex gratia basis, to the families of the victims.
* In a more routine context,
Suffolk County Council
Suffolk County Council is the administrative authority for the county of Suffolk, England. It is run by 75 elected county councillors representing 63 divisions. It is a member of the East of England Local Government Association.
History
Estab ...
's document "Ex-Gratia Payments for Loss of or Damage to Personal Property" shows how an education authority compensates victims for damage but without accepting a
liability to do so.
* Following the
1994 Black Hawk shootdown incident
The 1994 Black Hawk shootdown incident, sometimes referred to as the Black Hawk Incident, was a friendly fire incident over northern Iraq that occurred on 14 April 1994 during Operation Provide Comfort (OPC). The pilots of two United States Ai ...
, on 26 August 1994, the
US Department of Defense
The United States Department of Defense (DoD, USDOD or DOD) is an executive branch department of the federal government charged with coordinating and supervising all agencies and functions of the government directly related to national sec ...
announced that it would pay $100,000 in compensation to the families of each of the non-US personnel killed in the friendly-fire incident.
*
Maharashtra Chief Minister
Vilasrao Deshmukh
Vilasrao Dagadojirao Deshmukh (26 May 1945 – 14 August 2012) was an Indian politician who served as the 14th Chief Minister of Maharashtra, first term from 18 October 1999 to 16 January 2003 and second term, from 1 November 2004 to 5 ...
announced ex-gratia payments of 100,000 rupees (about US$2,000) to the next of kin of those who died in the
11 July 2006 Mumbai train bombings
The 2006 Mumbai train bombings were a series of seven bomb blasts on 11 July. They took place over a period of 11 minutes on the Suburban Railway in Mumbai, the capital of the Indian state of Maharashtra and the nation's financial capi ...
. Those injured would be given ₹50,000 (about US$1,000) each.
* The prime minister of Malaysia, Datuk Seri
Abdullah Haji Ahmad Badawi, announced in June 2008 undisclosed ex gratia payments to the judges who were affected during the
1988 Malaysian constitutional crisis
The 1988 Malaysian constitutional crisis (also known as the 1988 judicial crisis) was a series of events that began with United Malays National Organisation (UMNO) party elections in 1987 and ended with the suspension and the eventual removal ...
.
*
Malaysia Airlines
Malaysia Airlines Berhad (MAB; ms, Penerbangan Malaysia Berhad), formerly known as Malaysian Airline System (MAS; ), and branded as Malaysia Airlines, is the flag carrier airline of Malaysia and a member of the Oneworld airline alliance. (The ...
offered an ex gratia condolence payment of US$50,000 to the families of each passenger aboard the missing (assumed crashed) flight
MH370, but those affected have considered the conditions unacceptable and have asked the airline to review them.
* In 2016, the
New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 List of islands of New Zealand, smaller islands. It is the ...
government awarded
David Bain an ex gratia payment of NZ$925,000. While Bain had been acquitted of murdering his family in a retrial held in 2009, the defence had failed to prove his innocence.
See also
Native Tongue Title
References
{{DEFAULTSORT:Ex Gratia
Latin legal terminology