Ex Gratia Payment
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(; also spelled ''ex-gratia'') is Latin for "by favour", and is most often used in a legal 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 or organization is prepared to compensate victims of an event such as an accident 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 in 1988, killing some 290 people, the US President decided that the United States 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 Establ ...
'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 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 (; , abbr. MH or Maha) is a states and union territories of India, state in the western India, western peninsular region of India occupying a substantial portion of the Deccan Plateau. Maharashtra is the List of states and union te ...
Chief Minister Vilasrao Deshmukh 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 capit ...
. 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 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 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