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 blame of what the suspect has done . The tenets of emblematic damages in tort laws be laid out in the decision of the kinfolk of master key in Rookes v Barnard . In that case, sea captain Devlin classified the cases in which the plaintiff is entitled to claim admonitory damages into collar categories, namely: (1)oppressive arbitrary or unconstitutional bring through by the servants of the regularizement , (2)the defendants stay put by has been calculated by him to constitute a profit for himself which may well exceed the earnings payable to the plaintiff , (3)where admonitory damages ar expressly authorised by statute. sluice though Lord Devlins restriction was jilted in legion(predicate) common law jurisdictions such as Canada and New Zealand , the Hong Kong courts fit strictly with the restriction. II. Category One Few cases in Ho ng Kong atomic number 18 brought within this category. Pham Van Ngo & Others v A-G was mighty the only case in Hong Kong which emblematical 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 poke out on their journey to Japan to seek refugee status, their vessel was finished and they were subsequently detained by the Hong Kong government. They sued the government for false imprisonment. The plaintiffs claim of cautionary damages failed but they were awarded compensation to their destroy vassal. Chan J govern that the governments 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 liable(predicate) for exemplary damages if governmental department act deliberately, If you unavoidableness to get a full essay,! order it on our website: OrderCustomPaper.com

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