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Singapore
psychiatric harmduty of carespandeck test
Ngiam Kong Seng v Lim Chiew Hock
[2008] 3 SLR(R) 674; [2008] SGCA 23
Key Principle
Claims for negligently-inflicted pure psychiatric harm (nervous shock) are governed by the single, two-stage Spandeck test of proximity and policy applied through the threshold control of factual foreseeability, and on the facts no duty arose because it was not factually foreseeable that the respondent's communication of information (concealing then revealing his involvement in the accident) would cause the claimant psychiatric illness. NOTE: the corpus 'existing_principle' for this id (road-traffic duty; factual proximity 'established') is misleading - the case concerns pure psychiatric harm and the duty of care was DENIED, not established.
Area of Law
tort
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