The Salient Features of Proximity: Examining the Spandeck Formulation for Establishing a Duty of Care

25 Pages Posted: 4 Apr 2011

See all articles by David Tan

David Tan

National University of Singapore (NUS) - Faculty of Law

Date Written: December 2010

Abstract

The articulation of a single two-stage test by the Singapore Court of Appeal to determine the imposition of a duty of care in negligence for all types of damage claimed and for all factual scenarios is an admirable effort to bring doctrinal clarity to the neighbourhood principle. However, the notion of proximity which forms the cornerstone of the Spandeck test can benefit from a more methodical examination of a set of factual factors relevant to the relationship between the parties to the dispute. This article argues that the salient features approach of the High Court of Australia may be modified and adapted to assist Singapore courts in their analysis of “proximity” under the Spandeck formulation, and would be of significant practical benefit to judges and lawyers in their appraisement of the factual matrix.

Suggested Citation

Tan, David, The Salient Features of Proximity: Examining the Spandeck Formulation for Establishing a Duty of Care (December 2010). Singapore Journal of Legal Studies, pp. 459-483, December 2010, Available at SSRN: https://ssrn.com/abstract=1802639

David Tan (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

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