Actio pte ltd charge3/26/2023 ![]() the type of defendant (eg, defendants with public functions owe a duty of care in more limited circumstances than do individual defendants).the type of claimant (eg, socially sympathetic claimants such as rescuers are generally owed a duty of care in a wider range of situations than are less sympathetic ones such as trespassers).(2) Factors influencing the existence of a dutyĢ0.2.2 The question of whether or not a duty exists is influenced by a number of factors, such as: Its role is to keep the tort of negligence within manageable proportions by distinguishing situations in which a claim may, in principle, be entertained from those in which no action is possible. (1) Duty distinguishes situations in which a claim may be entertained from those where no action is possibleĢ0.2.1 Duty is an artificial conceptual barrier which the claimant must overcome before his action can even be considered. SECTION 2 DUTY OF CARE: TESTS FOR ESTABLISHING DUTY ![]() that the breach caused him recoverable damage.that there was a breach of this legal duty by the defendant and.that the defendant owed him a legal duty to take care.A claimant who wishes to sue in negligence must show: Requirements of a tort: claimant must have suffered recoverable damage arising from a breach of legal duty owed by defendantĢ0.1.3 Negligence as a tort requires more than mere lack of care. While the law referred to here will, wherever possible, be that applied by the courts in Singapore ( and occasionally Malaysia), reference will also be made to the jurisprudence of other jurisdictions – notably the UK and Australia – which have influenced, or are influencing, the development of the law of negligence in Singapore.Ī. 20.1.1 In the more than eighty years since its inception as a distinct cause of action in Donoghue v Stevenson AC 562 ( Donoghue), negligence has developed to become the pre-eminent tort, eclipsing older actions such as trespass, nuisance and breach of statutory duty.Ģ0.1.2 The law of negligence in Singapore is based largely on English law, although there are areas in which the Singapore courts have chosen to depart from the principles espoused by the UK courts.
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