Scope of Duty, Counterfactual Analysis and Birth Defects
The Challenging Case of Khan v Meadows The tort of negligence has evolved into a sophisticated and calibrated framework. Even then, aspects of this elaborate structure are constantly being tweaked and, sometimes, challenged. Most recently, in the UKSC decision of Khan
Liability of Maker Towards Subject of Negligent Statement
Tan Woo Thian v PricewaterhouseCoopers Negligent misstatement cases typically involve claims by the recipient of the statement. Since Spring v Guardian Assurance, there has been an increasing number of cases where the plaintiff is the subject of the negligent misstatement, which
Recalibrating a Doctor’s Duty to Advise
Section 37 of the Civil Law Act The past two decades have witnessed significant developments in the area of a doctor’s duty to advise his patient. Whilst observers are still digesting the full implications of the Hii Chii Kok modifications
A Pause in the Expansion of Vicarious Liability?
An Analysis of Barclays Bank v Various Claimants [2020] UKSC 13 The doctrine of vicarious liability has undergone dramatic development in recent times and has been extended to scenarios quite different from that of employer-employee. The question is: will vicarious liability
Standard of Care and Indeterminacy in Medical Negligence
Noor Azlin bte Adbul Rahman v Changi General Hospital Pte Ltd Medical negligence cases often involve much uncertainty and controversy. In Noor Azlin v Changi General Hospital, the High Court (HC) and the Court of Appeal (CA) dealt with important issues
Vicarious Liability and Agency: Ong Han Ling v AIA and Beyond
In the evolution of the law on vicarious liability, major developments have taken place in the past two decades. More notably, the apex courts of the UK have extended the application of vicarious liability to quasi-employees and beyond. In Singapore,
Non-Delegable Duty, Vicarious Liability and Agency: Moving Towards Convergence?
Judges have consistently insisted that vicarious liability and non-delegable duty are separate and distinct concepts and should remain so. Yet, judging from recent judicial developments, the two appear to be moving ever closer to each other. Further, there is the
Vicarious Liability, Non-delegable Duty and the Ng Huat Seng Decision
In recent times, courts in Singapore and elsewhere have been grappling with the issue of delegability of duty of care.
Non-delegable Duty After Tiong Aik
It is established law that, outside of vicarious liability, a person who has a duty of care may delegate his task along with the duty (or responsibility) to another person and, so long as he appoints his representative with care,