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 civil wrong cases to express the courts dislike of what the suspect has done . The tenets of emblematic damages in tort laws be laid out in the decision of the phratry of master key in Rookes v Barnard . In that case, passkey Devlin classified the cases in which the plaintiff is entitled to claim monitory damages into collar categories, namely: (1)oppressive arbitrary or unconstitutional bring through by the servants of the reinment , (2)the defendants plow 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 ar expressly authorised by statute. even though Lord Devlins restriction was jilted in many another(prenominal) common law jurisdictions such as Canada and New Zealand , the Hong Kong courts go along 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 powerful 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 disperse on their journey to Japan to seek refugee status, their vessel was washed-up and they were subsequently detained by the Hong Kong government.

They sued the government for false imprisonment. The plaintiffs claim of emblematical damages failed but they were awarded compensation to their destroy vassal. Chan J govern that the governments conduct was n! ot 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 nonimmune for exemplary damages if governmental department act deliberately, If you unavoidableness to get hold a full essay, order it on our website: OrderCustomPaper.com

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