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- landmark case in Singapore tort law (en)
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- (en)
- [2007] 4 SLR 100 (en)
- [2007] SGCA 37 (en)
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- Spandeck Engineering Pte Ltd v Defence Science & Technology Agency (en)
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- The test to determine the imposition of a duty of care was a two-stage test comprising first, proximity and second, policy considerations, which were together preceded by the threshold question of factual foreseeability. The first stage of proximity required sufficient legal proximity between the claimant and defendant for a duty of care to arise. The focus was on the closeness of the relationship between the parties, including physical, circumstantial and causal proximity, supported by the twin criteria of voluntary assumption of responsibility and reliance. If a positive answer to the threshold question of factual foreseeability and the first stage of proximity was assumed, a prima facie duty of care arose. Policy considerations, such as the presence of a contractual matrix which clearly defined the rights and liabilities of the parties and their relative bargaining positions, then arose and were applied to the factual matrix to determine whether or not to negate this prima facie duty. (en)
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- (en)
- Andrew Phang (en)
- Chan Sek Keong (en)
- V K Rajah (en)
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- (en)
- Negligence (en)
- Tort (en)
- Duty of care (en)
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- Defence Science and Technology Agency Act (en)
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- A duty of care can be established through a two-stage test. First, a prime facie duty of care arises when there is proximity. Two, the prima facie duty can be negated from policy considerations. A threshold of foreseeability exists for the test to be applied. (en)
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- Spandeck Engineering v Defence Science and Technology Agency (en)
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