Tort is used to protect those who do not have a contract
1. Defendant owes plaintiff a duty of care
"Neighbourhood
Principle" in Donohuge
v Stevenson (1932)
Acts that can
reasonably foresee as
likely to injure those
who are so closely and
affected by my act
Ann's 2-Stage Test in Anns
v Merton London Borough
Council (1978)
1. Acts that can reasonably
foresee as likely to injure
those who are so closely
and affected by my act
2. Are there policy
considerations that would
negate, reduce, limit the
scope of duty or damages
Caparo's 3-Stage Test in
Caparo Industries Ltd v
Dickman (1990)
1. Foreseeability of damage
(most impt to give rise to
duty of care)
2. Relationship of proximity
3. Is it just, fair and
reasonable to impose duty:
Indeterminate liability for
indeteminate time for an
indeterminate class
Singapore's Position (2007)
The more foreseeable the harm,
the more likely the courts will find
"proximity", the more likely court
considerations, and the call for
justice and reasonableness will call
for imposition of duty of care
Spandeck Engineering (S)
Pte Ltd vs Defence
Science & Technology
Agency (2007)
To determine if officer owed contractor a duty of care
Preliminary requirement: Factual forseeability:
1. Proximity: Physical, circumstantial,
causal proximity and voluntary
assumption of responsibility such that
it is REASONABLE TO FRESEE my act
or omission will harm
Prima facie duty of care
2. Are there considerations or
policies that will negative or limit
the duty? Policy involve balancing
the moral claims and social
welfare goals
1 and 2 should be
applied
INCREMENTALLY,
referring to decided
cases in analogous
situations,
balancing between
fairness and
possible policy
considerations
against
indeterminate
liability
2. Defendant breached his duty of care
Reasonable Standard of Care
1. Level of skill
Go Dante Yap v
Bank Austria
Creditanstalt AG
(2011)
2.. Likelihood of harm
Low: Bolton v Stone (1951)
High: Paris v Stepney Borough Council (1951)
3. Seriousness of Harm
4. Cost of Avoiding
Wagon Mound (No 2)
(1967): High cost, low
risk: examine if cost
justifies the marginal
increase in safety
High cost and high risk: Necessary
Low cost and low risk: Maybe
3. Plaintiff suffered loss and damage from the breach
"But for"test: Causal link between negligence and damage
Would plaintiff have suffered
from harm if defendant had
not been negligent?
Barnett v Chelsea
& Kensington
Hospital (1969)
Yeo Peng Hock
Henry v Pai Lily
(2001)
OR Legal Causation
Are the losses too
remote? Use the
reasonable foreseeability
test
Egg-shell Skull Rule: TV Media v De Cruz Andrea Heidi (2004)
Damage caused by Negligent Act/Statement
Physical Damage/ Injury
Consequential Economic Loss
RECOVERABLE, DOES
NOT LEAD TO
INDETERMINATE
LIABILITY + REASONABLE FORSEEABILITY
Donoghue v Stevenson (1932)
PURE Economic Loss
Caused by
Negligent
Misstatement
Usually duty of care
owed if there is a "special
relationship"
Hedley Byrne & Co Ltd v Heller & Partners Ltd (1964)
1. Depends on the skill and expertise of the maker of
statement 2. Whether maker of S knows the other
person will rely on it 3. Whether the maker of S
voluntarily assumes responsibility
Caparo Industries v Dickman (1990)
1. Forseeability of harm 2. Proximity of
R/s between parties 3. Whether it is
fair, just and reasonable to impose duty
of care
Caused by Negligent Act/Omission
RSP Architects Planners &
Engineers v Ocean Front Pte
Ltd
Prima Facie if 1. Forseeable 2. Proxmity
3. Whether am I
imposing liability for
indeterminate
amount of time, class,
amount
Nervous Shock
McLoughlin v Brian (1983)
The closer the
tie, greater
claim for
consideration
Ngiam Kong Seng v
Lim Chiew Hock
(2008)
1. Closeness or r/s including
circumstantial proximity 2.
Proximity of plaintiff to
accident in time and space
(Physical Prox) 3. Causal
Proximity
Res ipsa loquitur
If D was in control,
and accident can only
arise out of
negligence of D = D
has to prove he was
NOT negligent
Scott v London & St Katherine Docks Co (1865)
Defence
Complete: Volenti non fit injuria
FULL and VOLUNTARY consent
with FULL KNOWLEGE of RISKS of
NEGLIGENCE
Partial: S 3(1) of the Contributory Negligence & Personal Injuries Act
Exemption of liability clause:
Incorporation, construction and UCTA