| |
| | | | SMU LAW ACADEMY EXPERT MASTERCLASSES | Vicarious liability, non-delegable duty and agency: the evolving torts framework and its challenges | 
| | SYNOPSISWhen A asks B to perform a task and B commits a tort against C in the process, when is A liable for B’s tort and what is the legal basis? This simple question does not receive a simple or clear answer. There are, currently, 3 possible bases of attributive liability – vicarious liability, non-delegable duty and agency. There are several perplexing and unresolved questions, including: | | If the claimant fails on one basis, can he avail himself of the other two? | | | How do the different bases compare? How are they similar and yet different? | | | Why is it that, as a general principle, a duty of care is delegable? | | | Does the applicability of a basis depend on the status/position of B? | | | Specifically, can there be vicarious liability for an independent contractor? | | | How should the objectives of tort law – corrective justice, distributive justice and deterrence – apply and influence the development of the law? | | | Can the 3 bases be streamlined? What is the future path of the law on attributive liability? | | | How should a lawyer, as advocate or as solicitor, advise the client, in view of all these complexities? |
This course will give participants a concise overview of the developments and complexities in the area. The format will be interactive; participants will be invited to confer and to contribute to discussions.
Course Outline | A | | Introduction
Scenario of liability – A asks B to do something and in the course of doing it, B injures C. Is A liable to C?
3 bases of attributive liability | | | | | | B | | Vicarious liability (VL) | | | | | 1 | | Rationale for imposing VL, devt of VLlaw, 3 requirements – employee, tort, course of employment
| | 2 | | Tests for whether B is employee – control, business integration, economic reality. Multi-factorial approach. Borrowed employees and dual VL
| | 3 | | Course of employment |
| | | | | a | | Salmond test – authorized or unauthorized
| | b | | Deviations in journey, ‘frolic of own’ – Smith v Stages, WM Supermarkets vVarious Claimants
| | c | | The challenge of intentional wrongs, especially sexual assaults. Emergence of close connection (CC) test – Lister v Hesley Hall, Sg position – Skandinaviska v APB
| | d | | Extending VL to quasi-employees, modifying CC test for quasi-employees – Christian Brothers case, Cox v Ministry of Justice, Armes v Nottingham CC
| | e | | VL for tort by independent contractor – Barclays Bank v Various Claimants? Sg position – Ng Huat Seng v Munib |
| | | | | | C | | Non-delegable duty (NDD) | | | | | 1 | | General principle of delegability | | 2 | | Discrete categories of non-delegability | | 3 | | A general framework for NDD – Woodland v STA, endorsed in MCST 3322 v Tiong Aik
|
| | D | | Agency | | | | | 1 | | Agency in commercial transactions | | 2 | | Agency applied in tort claims? UK cases Winter v Hockley Mint, Bellman v Northampton Recruitment, Sg cases Ong Han Ling v AIA, Rohini v Yeow | | 3 | | Are authority and course of employment are the same thing? Armagas (UK case) cp Skandinaviska, CA |
| | | | | | E | | Conclusion | | | | | 1 | | The big picture. Difficult questions. 10 reasons to impose liability | | 2 | | Primary duties of selection and supervision | | 3 | | VL, NDD & agency – a complicated picture. Implications as you advise clients | | 4 | | Moving toward convergence? Goals of tort law |
|
The SMU Law Academy Expert Masterclasses are advanced skills and case-study based programmes where participants will learn from the industry’s top experts in a specific area of practical importance. Typically taught in a face-to-face format, such sessions will help participants to acquire practical in-depth knowhow to aid their development. All the masterclass instructors are specially curated and are recognised as experts in their areas. ABOUT THE SPEAKERDr Low Kee Yang is an associate professor with the Yong Pung How School of Law, Singapore Management University. He was part of the SMU start-up team and was Interim Dean when the Law School began in 2007. Kee Yang has written numerous articles, including on Tort Law. His book publications include A Clear View of the Law: Making Sense of Legal Complexity (2021) and Tort Law: A Critical Overview (2024). Outside of law, he enjoys nature, music, kids, badminton, reading and candid conversation. FEESa. Early Bird Price (registration by 7 May 2025)
Registration fee of S$264.87* (inclusive of GST) applies.
b. Regular Price (registration after 7 May 2025)
Registration fee of S$294.30* (inclusive of GST) applies.
*Please note that there will be no refund of any fees should the participant cancel the registration/ fail to attend the event. However, registration is transferable. Notice of any change in participant should be sent to SMULA, by 14 May 2025.
SMU Law Academy reserves the right to cancel or postpone any event. In such case, we will arrange for the refund of fees paid.
| |  | Registration will close on 14 May 2025.
| Complimentary for SMU Law Full-time Faculty, Staff & Students. Please sign up with your SMU email address.
| DATE21 May 2025 | TIME9:00 AM - 12:15 PM
(Registration starts at 8:45 AM) | DELIVERY MODEIn-Person | VENUESingapore Management University | LOCATION MAPClick HERE for map | PUBLIC CPD POINTS3
| PRACTICE AREAPersonal injury | TRAINING LEVELGeneral | | | PROGRAMME | 8:45 AM | Registration
| | 9:00 AM | Part 1
| | 10:30 AM | Tea Break
| | 10:45 AM | Part 2
| | 12:15 PM | End of Event | | | |
|
| ABOUT THE SMU LAW ACADEMYThe SMU Law Academy has an established track record of providing the legal profession with high quality seminars and other opportunities to remain fully informed about contemporary legal developments in Singapore and beyond. Its carefully curated listing of seminars is developed with the profession’s multi-faceted needs in mind and meets the requirements of the CPD scheme. The Academy also administers the Auditing Scheme which enables members of the legal profession to consolidate and upgrade their understanding of the law by auditing courses in the School’s LL.B., J.D. and LL.M. programmes. For an overview of upcoming SMU Law Academy events, please click here.
ABOUT THE SILE CONTINUING PROFESSIONAL DEVELOPMENT SCHEMEParticipants who wish to obtain CPD Points are reminded that they must comply strictly with the Attendance Policy set out in the CPD Guidelines. For this activity, this includes signing in on arrival and signing out at the conclusion of the activity in the manner required by the organiser, and not being absent from the entire activity for more than 15 minutes. Participants who do not comply with the Attendance Policy will not be able to obtain CPD Points for attending the activity. Please refer to http://www.silecpdcentre.sg for more information. To subscribe/ unsubscribe from The SMU Law Academy mailing list, please click here. |
|
|
|
