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Occupier's Liability and Negligence – Of Gordian Knots and Apron Strings: See Toh Siew Kee v Ho Ah Lam Ferrocement (Pte) Ltd [2013] 3 SLR 284

Kumaralingam Amirthalingam

(2013) 25 SAcLJ 580

Abstract:
The common law rules on occupier’s liability were created to determine the scope of the duty owed to entrants arising from dangers on the occupier’s property. The subsequent development of the general tort of negligence based on Lord Atkin’s neighbour principle created tensions between the special rules of occupier’s liability and the general principles of negligence. Many jurisdictions have sought to rationalise these rules and the Singapore Court of Appeal followed suit in a recent decision. This case note examines the restated law on occupier’s liability and comments briefly on the general approach to the common law of negligence in Singapore.