(; also spelled ''ex-gratia'') is
Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
for "by favor", 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, with its precise definition a matter of longstanding debate. It has been variously described as a Socia ...
context. When something has been done ''ex gratia'', it has been done voluntarily, out of kindness or grace. In
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
, 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 (polity), state.
In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...
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 deliberately caused by humans. The term ''accident'' implies that the event may have been caused by Risk assessment, unrecognized or unaddressed risks. Many researchers, insurers ...
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 an organization ...
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 an international scheduled passenger flight from Tehran to Dubai via Bandar Abbas that was shot down on 3July 1988 by two surface-to-air missiles fired by , a United States Navy warship. The missiles hit the Iran Air ...
in 1988, killing some 290 people,
US President
The president of the United States (POTUS) is the head of state and head of government of the United States. The president directs the executive branch of the federal government and is the commander-in-chief of the United States Armed For ...
Ronald Reagan
Ronald Wilson Reagan (February 6, 1911 – June 5, 2004) was an American politician and actor who served as the 40th president of the United States from 1981 to 1989. He was a member of the Republican Party (United States), Republican Party a ...
decided that the
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
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 upper-tier Local government in England, local 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 Governme ...
'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, on 26 August 1994, the
US Department of Defense
The United States Department of Defense (DoD, USDOD, or DOD) is an executive department of the U.S. federal government charged with coordinating and supervising the six U.S. armed services: the Army, Navy, Marines, Air Force, Space Force, ...
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
Maharashtra () is a state in the western peninsular region of India occupying a substantial portion of the Deccan Plateau. It is bordered by the Arabian Sea to the west, the Indian states of Karnataka and Goa to the south, Telangana to th ...
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 De ...
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 Mumbai Suburban Railway, Suburban Railway in Mumbai, the capital of the States and territories of India, Indian st ...
. 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.
*
Malaysia Airlines
Malaysia Airlines ( Malay: ''Penerbangan Malaysia'') is the flag carrier of Malaysia, headquartered at Kuala Lumpur International Airport. The airline flies to destinations across Europe, Oceania and Asia from its main hub at Kuala Lumpur Int ...
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 () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of isla ...
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