Feature. A Summary of the Law of Occupiers’ Liability in Singapore This article is intended to provide a quick but firm grasp of the more important legal principles that a solicitor should be aware of before advising management corporations regarding their duty as occupiers, such as the definition of an ‘occupier’, how the duty to an occupier differs according to whether one is a trespasser, invitee or licencee, and how joint liability may arise. It also shows how the law distinguishes occupiers’ liability from liability that arises out of the ordinary principles of negligence.
As any advice is fact-centric, reliance cannot and should not be placed on this article as the sole basis of any legal advice. This article is intended only as a useful aid-memoir of the general applicable principles. Introduction Most if not all lawyers are familiar with ss 3 and 4 of the Application of English Law Act 1993. These provisions have an impact on the law of occupiers’ liability in Singapore. Duty to Invitees. Horsey2e_ch04.pdf (application/pdf Object)
Cases - tort - negligence - duty of care. Tort - negligence - duty of care - foreseeability of harm - directly caused or other type of injury] D, the police force in which C was serving in the Regional Crime Squad. C was required to attach a tagging device to the underside of a car believed to belong to a gang of criminals. The car was behind a public house in suspects were drinking. The device failed to activate when attached until the ninth attempt. Each trip had subjected him to an increased risk of being caught in the act by the suspects. As a result of the operation the claimant developed a clinical psychiatric state, which lead to an acute rise in blood pressure, which caused a stroke. Held: It had been a reasonably foreseeable that the defendant’s breach of duty would have caused physical injury to the claimant, although not of the kind he had actually suffered, and accordingly the defendant would be liable for the unforeseen psychiatric injury caused by its negligence.
Page v Smith [1995] applied. C won. Torts Outline Mk. II. Torts Outline Mk. II Table of Contents Writs and the common law.. 3 Intentional torts. 3 Intent 3 Transferred intent 3 Mistake. 4 Insanity. 4 Torts to the person. 4 Assault 4 Battery. 5 False imprisonment 5 Intentional infliction of mental distress. 6 Torts to property. 7 Trespass to land. 7 Trespass to chattels. 7 Conversion. 7 Defenses to intentional torts. 8 Consent 8 Self-defense. 9 Defense of others. 9 Defense of property. 9 Recovery of property. 10 Detention for investigation. 10 Public necessity. 11 Private necessity. 11 Discipline. 11 Justification. 11 Punitive damages. 12 Negligence. 13 The Hand formula. 13 The reasonable person. 14 Custom.. 14 Physical impairments. 14 Children. 15 Insanity. 15 Professional standards of care. 15 Medical malpractice. 16 Informed consent 16 Automobile guest statutes. 17 Rules of law.. 17 Negligence per se. 17 Res ipsa loquitur. 19 Burden of proof in res ipsa loquitur. 19 Causation. 19 Actual causation. 19 Loss of chance. 20 Scientific testimony. 21 Concurrent causes. 21 Proximate causation. 22.
Vicarious Liability: The Close Connection Test and the Skandinaviska Decision.