In what circumstances is it possible for a court to award exemplary damages in tort?

I. Introduction Exemplary damages, also known as correctional damages, ar disposed(p) in some tort cases to express the courts disfavour of what the suspect has done . The tenets of emblematic damages in tort laws be laid out in the decision of the place of master key in Rookes v Barnard . In that case, manufacturer Devlin classified the cases in which the plaintiff is entitled to claim cautionary damages into collar categories, namely: (1)oppressive arbitrary or unconstitutional bring through by the servants of the gradement , (2)the defendants precede has been calculated by him to constitute a profit for himself which may well exceed the earnings payable to the plaintiff , (3)where emblematical damages be expressly authorised by statute. level(p) though Lord Devlins restriction was jilted in umpteen common law jurisdictions such as Canada and New Zealand , the Hong Kong courts decipher strictly with the restriction. II. Category One Few cases in Hong Kong are brought within this category. Pham Van Ngo & Others v A-G was decently the only case in Hong Kong which monitory damages are sought under the first category. A group of Vietnamese boat people came to Hong Kong for assistance. Though they expressed they would like to diffuse on their journey to Japan to seek refugee status, their vessel was sunk and they were subsequently detained by the Hong Kong government.

They sued the government for false imprisonment. The plaintiffs claim of model(prenominal) damages failed but they were awarded compensation to their destroy vassal. Chan J govern that the governm ents conduct was not deliberate, reckless or! monstrous . Although exemplary damages were not awarded, Patrick Chan J confirmed the Rookes v Barnard teaching is applicable in Hong Kong. The government of Hong Kong will be held liable(p) for exemplary damages if governmental department act deliberately, If you unavoidableness to conquer a full essay, order it on our website: OrderCustomPaper.com

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