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Full-Text Articles in Law
Environmental Pollution Control In Singapore: The Intersection Of Torts, Statutes, Regulations And Community Norms, Gary Kok Yew Chan
Environmental Pollution Control In Singapore: The Intersection Of Torts, Statutes, Regulations And Community Norms, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
Singapore is a land-scarce, densely populated, urbanized and technology-driven society. Despite her image as a clean and green environment, serious challenges remain to keep environmental pollution at bay. Both private and public laws, whether based on statutes or common law, as well as a host of regulations and community norms collectively regulate environmental pollution in Singapore. Statutory provisions targeting environmental pollution rely on criminal punishment, administrative measures and also compensatory damages awarded to victims in the event of breaches of specified statutory duties. The Environmental Pollution Control Act 1999, together with the implementing subsidiary legislation, seeks to minimise or mitigate …
Tort Law, Amirthalingam Kumaralingam, Gary Kok Yew Chan
Tort Law, Amirthalingam Kumaralingam, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
There were over 40 torts cases in 2019, of which just over half involved the tort of negligence. Unlike previous years, this year's review will deal only with the ten most significant judgments. A full list of torts cases is included at the end of this chapter for the convenience of readers. Of the ten cases, not surprisingly, five of them are claims in negligence. Of these, three involve medical negligence and two involve negligent misrepresentation causing economic loss. The remaining cases relate to claims under the tort of conspiracy, defamation, fraud (or deceit), malicious falsehood as well as nuisance …
Unravelling Civil Conspiracy, Pey Woan Lee
Unravelling Civil Conspiracy, Pey Woan Lee
Research Collection Yong Pung How School Of Law
This article seeks to understand civil conspiracy through the lens of its historical rationale. It identifies that purpose to be the protection of public interests as the tort was originally fashioned as an extension of criminal conspiracy to counter serious social ills. For lawful means conspiracy, this rationale is exemplified by the requirement for improper or illegitimate motive whilst “unlawful means” serves the same function in the context of unlawful means conspiracy. Counter-intuitively, understanding the tort in this way provides a means of restricting the tort and reigning in its “revolutionary” tendencies. Recognising the tort’s policy-based foundation would, it is …
Concurrent Liability In Tort And Contract, Yihan Goh, Man Yip
Concurrent Liability In Tort And Contract, Yihan Goh, Man Yip
Research Collection Yong Pung How School Of Law
This articleexamines the understanding of concurrent liability in tort and contract,through a detailed analysis of the interplay, intersection and independence of thelaw of torts and the law of contract. The central argument that will beadvanced is that the present understanding of the ‘incident rules’ inconcurrent liability in tort and contract, such as the applicable rules ofremoteness or limitation, is inconsistent with the rationale for concurrencelaid down in Henderson v MerrettSyndicates Ltd. Rather than analyse concurrence as a single situation, thatis, conceiving it as a contest between rules of tort or contract rules, we arguethat the better way forward is to …
Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan
Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
The plaintiff in Tan Bee Hock v F G Builders Pte Ltd was riding a motorbike when he skidded on a metal plate placed by the defendantat the entrance to a condominium. The plaintiff sued for his injuries in negligence, nuisance, and breach of statutory duty. On the facts, Kannan Ramesh JC (as his Honour then was) found that there was nothing unsafe about the metal plate and dismissed the claims in nuisance and negligence. Having found that the defendants had not done anything unsafe, Ramesh JC also dismissed the breach of statutory duty action, and in doing so, observed …
Tort Law [2015], Kumaralingam Amirthalingam, Gary Kok Yew Chan
Tort Law [2015], Kumaralingam Amirthalingam, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
Accessory Liability In Tort And Equity, Pey Woan Lee
Accessory Liability In Tort And Equity, Pey Woan Lee
Research Collection Yong Pung How School Of Law
Unlike the position in criminal law, there does not currently exist a general doctrine of accessory liability in civil law. Thus, a person may be liable as an accessory in equity for dishonestly assisting with a breach of trust, but there is no tort for dishonest assistance. Rather, one who participates in another's tort will only be liable if he is a joint tortfeasor acting pursuant to a common design with the primary tortfeasor. This article examines the reasons for this divergence and evaluates the case for their assimilation. It observes that, contrary to common perception, the scope of participatory …
Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan
Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
Teo Wei Hsin Lawrence (Zhang Weixin), Tin Yan Ying Geraldine (Cheng Yanying Geraldine) v Management Corporation Strata Title Plan No 1525 [2014] SGDC 350 involved a suit by the owners of a condominium unit (the plaintiffs) against the management corporation of the development (the defendant). Three months after purchasing the unit, the plaintiffs undertook renovation works which were completed after about five months. Prior to moving in, the plaintiffs discovered mould on the interior walls and on their new cabinets located at the rear end of the unit. As the unit was in the corner of the development, the outside …
Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan
Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
The Court of Appeal decision in Chan Cheng Wah v Koh Sin Chong Freddie and another appeal [2012] 1 SLR 506 ("Chan Cheng Wah (CA)") concerned the nature of defamatory meaning and the defences of justification and qualified privilege. The dispute arose from two allegedly defamatory statements published in the minutes of meeting of a management committee of a club ("current MC") concerning the actions of the previous management committee ("previous MC"). Four members of the previous MC sued the defendant, the president of the current MC, in respect of the statements.
Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan
Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
The three cases on conversion relate to the following issues: the distinction between the tort of conversion and the choice of remedy for purposes of determining the appropriate limitation period, the underlying rationale for conversion that is based essentially on possession of a chattel and finally, the question of whether a temporary certificate of entitlement for the purchase of a car in Singapore may be converted.