Tort of Negligence, Why and When it is Applicable

Tort of negligence is applicable when careless action by one person causes harm to another person and the injured party has the legal basis to apply for compensation. Let’s understand the tort of negligence by using a case study between Kris and Kevin by applying Singaporean law.

Tort of Negligence Case Study

On a Sunday morning, Kris, driving a red Mazda, was traveling within the speed limit on Lengkop Street. As she approached an intersection with Merbau Avenue, Kris noticed a green light but was aware that the traffic light was known to change quickly.

At the same time, Kevin, driving a blue truck, was traveling on Merbau Avenue and had the right of way. Kevin was speeding, and he did not notice the traffic light change from green to yellow as he entered the intersection.

Kris, seeing Kevin’s vehicle approaching at high speed, attempted to brake but couldn’t stop in time and collided with Kevin’s truck in the intersection. Both vehicles are damaged, and both drivers sustained minor injuries.

Advise Kevin if he has a case against Kris under the tort of negligence, and consider Kris’s possible defence(s).

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Law Sample Answers: Analysis on Whether Kevin has a Case Against Kris Under Tort of Negligence

In order to understand whether Kevin has a valid claim against Kris under tort of negligence, it is important to analyse it using the important elements of negligence such as duty of care, breach of duty and causation. The duty of care exists in the given case because Kris needs to fulfil the duty of care to all other road users including Kevin. However, with respect to breach of duty of care, Kris cannot be made fully responsible because she reacted to an emergency created by the speed of Kevin. With respect to the causation and damage, Kris cannot be held responsible because her actions were a response to Kevin’s speeding and they are therefore unlikely to be the legal cause of Kevin’s damage. On the basis of analysis, it is evaluated that the case of Kevin is not that strong according to Singapore tort law and Kris can therefore avoid liability.

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