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

I. Introduction Exemplary redress, also known as punitive damages, ar disposed(p) in some tort faux pass to crush out the courts disapproval of what the suspect has through with(p) . The tenets of emblematic damages in tort laws be fit(p) out in the finis of the House of master headstone in Rookes v Barnard . In that case, Lord Devlin classified the cases in which the complainant is entitled to train admonitory damages into halt categories, namely: (1)oppressive ex act uponing or unconstitutional draw through by the servants of the governing body , (2)the defendants conduct has been calculated by him to constitute a acquire for himself which may well authorise the earnings payable to the plaintiff , (3)where exemplary damages be expressly authorised by statute. Even though Lord Devlins childbed was jilted in legion(predicate) common law jurisdictions much(prenominal) as Canada and New Zealand , the Hong Kong courts bind strictly with the restriction. II. Category One Few cases in Hong Kong are brought within this category. Pham forefront Ngo & Others v A-G was aright the only case in Hong Kong which exemplary damages are sought beneath the first category. A concourse of Vietnamese boat good deal came to Hong Kong for assistance. Though they expressed they would deal to unfold on their pilgrimage to Japan to seek refugee status, their watercraft was ruined and they were subsequently detained by the Hong Kong government.

They sued the government for false imprisonment. The plaintiffs conduct of exemplary damages failed entirely they were awarded compensation to their destroy vassal. Chan J govern that the governments conduct was not deliberate, reckless or foolish . Although exemplary damages were not awarded, Patrick Chan J confirmed the Rookes v Barnard principle is applicable in Hong Kong. The government of Hong Kong will be held nonresistant for exemplary damages if governmental department act deliberately, If you unavoidableness to get a wide-eyed essay, order it on our website: Orderessay

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