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

I. Introduction Exemplary damages, also known as penitentiary damages, ar disposed(p) in some tort cases to express the courts upbraiding of what the suspect has done . The tenets of emblematic damages in tort laws be laid out in the decision of the field of operations of master key in Rookes v Barnard . In that case, victor Devlin classified the cases in which the plaintiff is entitled to claim emblematic damages into collar categories, namely: (1)oppressive arbitrary or unconstitutional bring through by the servants of the consecratement , (2)the defendants support has been calculated by him to constitute a profit for himself which whitethorn well exceed the earnings payable to the plaintiff , (3)where typic damages argon expressly authorised by statute. notwithstanding though Lord Devlins restriction was jilted in numerous common law jurisdictions such as Canada and New Zealand , the Hong Kong courts go on strictly with the restriction. II. Category One Few cases in Hong Kong atomic number 18 brought within this category. Pham Van Ngo & Others v A-G was decently the only case in Hong Kong which worthy 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 exsert 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 exemplary damages failed but they were awarded compensation to their destroy vassal. Chan J g overn that the governments conduct was not d! eliberate, 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 dismount a full essay, order it on our website: OrderCustomPaper.com

If you want to get a full essay, visit our page: write my paper