Evolving Tort Law in Singapore

Blog

The extent of liability for torts remains a critical concern for businesses, industries, and individuals, with continuous evolution in legal standards reflecting the dynamic nature of society. In Singapore, recent landmark cases have significantly shaped jurisprudence, illustrating the court's responsiveness to contemporary issues in tort law.

This second edition of The Law of Torts in Singapore is a vital resource for legal professionals, academics, and policymakers, offering an in-depth understanding of current trends and future directions in tort law in Singapore. By analysing landmark cases and legislative changes, it underscores the evolving nature of liability and the importance of staying updated with legal developments to manage and mitigate risks effectively.

 

Authors

Lee Pey Woan, a Professor of Law at Singapore Management University, holds a Bachelor of Civil Law from Oxford University and a Bachelor of Laws from King's College London. She has made significant contributions to textbooks and has widely published in corporate, contract, and tort law.

Gary Chan is a Professor of Law at Singapore Management University. He holds an MA in Southeast Asian Studies, an LLB (Honors) from the National University of Singapore, an LLM from the University of London, and a BA (Honors) in Philosophy. He has extensively written on torts, legal systems, and ethics.

 

Key Cases and Legal Principles

This second edition of the book provides a comprehensive analysis of significant recent cases that highlight the evolution of tort law in Singapore.

The case of See Toh Siew Kee v Ho Ah Lam Ferrocement (Pte) Ltd clarified that all occupiers' liability claims could be evaluated and dealt with within the framework of the tort of negligence, thereby setting a precedent for future disputes involving similar circumstances.

Furthermore, the court in EFT Holding, Inc v Marinteknik Shipbuilders (S) Pte Ltd offered a framework for understanding liability in complex commercial disputes involving unlawful means conspiracy. This case illustrated the elements required to establish such a tort, providing clarity on how liability is determined in intricate commercial relationships where unlawful actions are alleged.

Lastly, in Skandinaviska Enskilda Banken AB (Publ), Singapore Branch v Asia Pacific Breweries (Singapore) Pte Ltd, the court explained the conditions under which employers may be held liable for wrongful acts committed by their employees, elucidating the scope of vicarious liability. The court's decision in this case clarified when an employer is responsible for the actions of their employees, thus shaping the legal landscape of employer liability in the context of wrongful acts committed during employment.

These cases collectively underscore the dynamic nature of tort law in Singapore and the judiciary's responsiveness to contemporary legal challenges.

 

Statutory Torts and Legislative Developments

The book also examines the impact of new statutory torts introduced by recent legislation:

  • Protection from Harassment Act: Introduces new tortious liabilities aimed at preventing and addressing harassment, offering legal recourse for victims.
  • Community Disputes Resolution Act 2015: Establishes mechanisms for resolving community disputes, emphasising the importance of maintaining harmonious relationships in densely populated urban settings.

 

Conclusion

These developments illustrate how Singapore's tort law continues to evolve through both legislative and judicial judgments. Staying informed about these developments is essential for navigating and mitigating legal risks in an ever-changing environment.

 

Get your copy of The Law of Torts in Singapore (Second Edition) here. This title is Credit Dollar (C$) redeemable for SAL members.