Tort law at Singapore
Tort law in Singapore is primarily governed by the common law system, supplemented by statutory provisions. It encompasses various civil wrongs, including negligence, defamation, and malicious falsehood.
⚖️ Key Principles of Tort Law in Singapore
1. Negligence
Negligence arises when an individual breaches a duty of care owed to another, resulting in foreseeable harm. To establish a claim, the plaintiff must prove:
Duty of Care: The defendant owed a duty to the plaintiff.
Breach of Duty: The defendant failed to meet the standard of care.
Causation: The breach caused the plaintiff's harm.
Damages: The plaintiff suffered actual loss or injury.
Defenses to negligence include contributory negligence and voluntary assumption of risk.
2. Defamation
Defamation protects an individual's reputation against false statements. In Singapore, defamation can be either:
Libel: Written or published defamatory statements.
Slander: Spoken defamatory statements.
To succeed in a defamation claim, the plaintiff must prove:
Defamatory Meaning: The statement lowers the plaintiff's reputation.
Reference to Plaintiff: The statement refers to the plaintiff.
Publication: The statement was communicated to a third party.
Defenses include justification (truth), fair comment, and qualified privilege. The Defamation Act 1957 also allows for apologies to mitigate damages.
3. Malicious Falsehood
This tort involves false statements made with malice that cause economic loss. To establish a claim, the plaintiff must prove:
False Statement: The defendant made a false statement.
Reference to Plaintiff: The statement refers to the plaintiff's business or property.
Malice: The defendant acted with an improper motive.
Special Damage: The plaintiff suffered actual economic loss.
Under Section 6(1) of the Defamation Act, special damage need not be proven if the statement was made in writing or other permanent form and was calculated to cause pecuniary damage.
🏛️ Legal Education and Resources
For those interested in studying tort law in Singapore, the Singapore University of Social Sciences offers a course titled "Company and Tort Law" (BUS205), which covers intentional torts, negligent torts, and strict liability torts.
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