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Legal researchSingapore · Case law

What test do Singapore courts apply to decide whether a duty of care exists in negligence?

Singapore courts apply the two-stage Spandeck test, after a threshold requirement of factual foreseeability1

  1. Legal proximity between the parties, assessed through physical, circumstantial and causal proximity1
  2. Policy considerations that may negate a duty found at the first stage12

Sources

  1. 1Spandeck Engineering (S) Pte Ltd v Defence Science & Technology Agency[2007] SGCA 37 · Court of Appeal
  2. 2Ngiam Kong Seng v Lim Chiew Hock[2008] SGCA 23 · Court of Appeal

Reasoning trace

  1. Negligence
  2. Duty of care
  3. Spandeck test

Illustrative example of a cited answer

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