Abstract:
The Magistrate’s Court’s decision in Walker Helen Debra v Soh Poh Geok [2021] SGMC 79 is the first published decision in Singapore that directly considers the principles applicable to an award of damages for tortious injury to a companion animal. Even though its precedential value is limited, the decision raises interesting issues of general application in relation to tortious remedies for damage and destruction of unique chattels. This note tests the limits of the framework governing tortious remedies for damaged and destroyed chattels and argues for a shift away from the conventional “market value” analysis and the “total constructive loss” rule in favour of a holistic test of reasonableness in determining the recoverability of damages.