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17 August 2017

The Non-delegable Duty – Some Clarifications, Some Questions: Management Corporation Strata Title Plan No 3322 v Tiong Aik Construction Pte Ltd [2016] 4 SLR 521

Kumaralingam Amirthalingam

Published on e-First 17 August 2017

Abstract:
The non-delegable duty is a device used by courts to hold defendants accountable for acts of negligence of third parties in exceptional cases where the defendant has a special relationship with the plaintiff or has undertaken exceptionally hazardous activity. The rule is controversial as it imposes liability without personal fault on the defendant. The recent Singapore Court of Appeal decision of Management Corporation Strata Title Plan No 3322 v Tiong Aik Construction Pte Ltd provides welcome clarification of the general principles underpinning the non delegable duty.