Occupiers' Liability after See Toh: Change, Uncertainty and Complexity

Abstract

With the recent Court of Appeal decision in See Toh (C.A.), the Singapore law on occupiers’ liability has undergone a sea change. There are two obvious changes. The first is that there is no longer a distinction between invitees and licensees; the law accords them the same protection. The second is that occupiers’ liability is no longer a separate tort; it is now subsumed under the tort of negligence. However, the full implications of See Toh (C.A.) are more far-reaching and profound than a casual reading of this landmark decision might suggest.