3.34All of the above alternatives could be made subject to exceptions for certain kinds of wrongdoing. One possibility is an exception making restrictions on liability inapplicable where the defendant is held liable for intentional wrongdoing. Such an exception could be framed generally by applying proportionate liability to all liability in negligence and equivalent claims in contract or equity. Or an exception could be particular, to provide that proportionate liability is the general rule but that joint and several liability still applies to particular intentional tortious or equitable wrongdoing. For instance, an exception could operate so that where a defendant is held to have acted fraudulently or committed the tort of deceit, their liability will be joint and several not proportionate; and/or any cap on liability that would otherwise apply will be ineffective. The justification is that a defendant who has acted intentionally, dishonestly and/or outrageously does not warrant any moderation of their liability, rather the normal common law concern to provide for full compensation of the plaintiff, plus considerations of deterrence, win out.