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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
JurisdictionSingapore
CourtSingapore Court of Appeal
Year2008
StatusBinding authority

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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Noor Azlin bte Abdul Rahman v Changi General Hospital Pte Ltd [2021] 2 SLR 440
I-Admin (Singapore) Pte Ltd v Hong Ying Ting [2020] 1 SLR 1130
MAN Diesel & Turbo SE v IM Skaugen SE [2019] SGCA 80

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