Invoking Hubris, and Non-combat Battles

[Darren Hill]

There's a rule in the Hubris section that I wonder about:

After rolling in a simple contest (win or lose) any player has the option to “invoke hubris.” <snip> The action zooms in to the contest, and it’s played out in greater detail. The losers of the simple contest are disadvantaged when going into the battle, however. Before the battle starts, every loser takes a wound for each victory the enemy had over them in the simple contest.

It's the bit in bold. When you lose a Simple Contest, you suffer an Impairment equal to the victories, one of which will be hitting the ability used in the contest, so you're already being penalised for the upcoming contest.
Is the intention of the Wound to be an extra penalty to discourage frivolous use of Hubris?

Secondly, when invoking Hubris, can you choose what type of Battle you turn it into? Let's say you're in a contest to prove before the King your innocence in some matter. You're using Orate and fail. You invoke Hubris. Does this become a Battle based around Orate, or does it become a combat, or does the person invoking Hubris choose? And if so, could he choose to, say, change it to a non-combat Battle based around Music or, say, Lore (or whatever trait he could find a justification for)? Or does the Antagonist choose?

[Darren Hill]

Actually, I confused myself with part of that second question. I mangled two different questions together while paying too much attention to what was on TV while writing! Here's my second attempt:

1: Does the Wound penalty for invoking Hubris exist to discourage players from calling Hubris whenever they lose a contest? (The reason I ask: I'm wondering if its necessary due the fact that players also get Impairments).

2: When you, the player,  Invoke Hubris, can you choose whether it's a combat Battle or a non-combat Battle, or does the Antagonist choose?

3:  When you're in a non-combat Battle, the Antagonist chooses one ability for the Battle. "The players" choose another ability. Can each player choose a different ability, or does the group choose a single ability, so that there are a grand total of two Abilities that they must all choose from (with their attendant weapons/armour traits)?