Law. Faith. Justice. Community. Culture.
The Singapore Court of Appeal awarded a loss of genetic affinity head of claim in a negligence tort suit for a case of wrongful fertilisation (IVF mix up). This is a novel unprecedented head of claim (possibly worldwide). Although the Court rejected the claim for upkeep costs of the child on public policy grounds, it decided to peg the loss of genetic affinity damages to a percentage of the upkeep costs. Summary of the decision here.
MCST Plan No 3322 v Tiong Aik Construction Pte Ltd [2016] SGCA 40
Significance: Singapore Court of Appeal held that the architect and builder / main contractor is not subject to a non-delegable duty in tort to ensure that the building and design of a building was carried out without negligence on the part of any of their sub-contractors: MCST Plan No 3322 v Tiong Aik Construction Pte Ltd [2016] SGCA 40. The Court also held that moving forward, to demonstrate that a non-delegable duty arises on a particular set of facts, a claimant must minimally be able to satisfy the court either that: (a) the facts fall within one of the established categories of non-delegable duties; or (b) the facts possess all the features described at [58] above.
In this case, RSP Architects and Tiong Aik Construction were sued by The Seaview’s MCST.
Continue reading “MCST Plan No 3322 v Tiong Aik Construction Pte Ltd – SGCA holds no non-delegable duties on construction professionals”
A M Mohamud (in substitution for Mr A Mohamud (deceased)) v WM Morrison Supermarkets plc [2016] UKSC 11
Significance: the UK Supreme Court held that an employer was vicariously liable for its employee’s act of causing injury to a customer under the close connection test.
Comment: this decision is significant because under previous applications of the doctrine of vicarious liability, an employer will not be held liable for an employee’s acts which were on his whim and frolic, outside the course of employment, or were unauthorised acts. In this case, the Court extended the analysis of unauthorised modes of authorised acts by the employer to an irrational physical attack as falling within the authorised act of an employee’s interactions with a customer.
Continue reading “Case Update: A M Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11”
Significance: Singapore Court of Appeal held that the plaintiff’s solicitors had not been negligent in advising on the legal implications of the plaintiff proceeding with the cross-border transaction to acquire an interest in an Indonesian coal mine based on an oral undertaking given by a 3rd party to obtain a forestry licence.
What is the criminal offence of criminal breach of trust (CBT)? What are the elements that make up the offence? When would it be criminal as opposed to a mere civil breach of trust or breach of contract? What are the sentencing norms and precedents as regards CBT?
What’s defamation, libel and slander? Defamation is the injury of another person’s reputation by exposing him to hatred, contempt or ridicule, or which tends to lower him in the esteem of right-thinking members of society. Libel and slander are forms of defamation. Libel is defamation in writing or image. Slander is spoken defamation. The key difference between the two is that special damages must be proven with regard to slander but not libel.
A person who has been defamed may bring an action or claim in the tort of defamation against the person defaming him. Related to this is the tort of malicious falsehood.
Continue reading “Article: Defamation, Libel, Slander, Malicious Falsehood”
