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

I. Introduction Exemplary damages, also known as retaliatory 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 dwelling house of master key in Rookes v Barnard . In that case, master copy Devlin classified the cases in which the plaintiff is entitled to claim symbolic damages into collar categories, namely: (1)oppressive arbitrary or unconstitutional bring through by the servants of the decreement , (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 monitory damages be expressly authorised by statute. steady though Lord Devlins restriction was jilted in some common law jurisdictions such as Canada and New Zealand , the Hong Kong courts dramatise strictly with the restriction. II. Category One Few cases in Hong Kong argon brought within this category. Pham Van Ngo & Others v A-G was mightily the only case in Hong Kong which symbolical 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 turn out on their journey to Japan to seek refugee status, their vessel was destroy 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 govern that the governme nts conduct was not deliberate, reckless or ! monstrous . Although exemplary damages were not awarded, Patrick Chan J confirmed the Rookes v Barnard normal is applicable in Hong Kong. The government of Hong Kong will be held unresistant for exemplary damages if governmental department act deliberately, If you unavoidableness to involve a full essay, order it on our website: OrderCustomPaper.com

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