NUS (National University of Singapore)

[C.S]

cos there's a p-plater in this forum. he post once in awhile only.

 

let's guess why he post once in a while

[kitty23]

morning nusriders!

[marzocchi]

let's guess why he post once in a while

 

why ur location is caucasian bridge?!

[marzocchi]

hey u all stop msning on my facebook wall! hahaha

[kitty23]

oh my god i am falling asleep in my tutorials..all presentations by students...

 

wah got mac desktop to use...

 

this class room so high class. lol....

 

class over in 15mins!!!!!!

[marzocchi]

slp slp slp...

[xianyu87]

Huh? What's with posting once In awhile? Dun understand lei. Explain lei. Pplaters all gong gong de. LOL. Like me lor. LOL.

[hongwei09]

hey u all stop msning on my facebook wall! hahaha

 

u can turn off the notification by accessing the account settings on the top right of yr Facebook

[hongwei09]

Huh? What's with posting once In awhile? Dun understand lei. Explain lei. Pplaters all gong gong de. LOL. Like me lor. LOL.

 

Pplater = someone in nusriders whose nick is pplater.

 

Not refering to u.

 

Haha.

 

Only cs will flame u onli so dun worry ahz

 

HAHAHAHHA

[cheeko]

Mr president, iz, char, asherie, can u guys give me some basic points or guide me on this questions.What are the requirements to satisfy before a claim in the tort of negligence can be made?Discuss whether a contractor can make a claim against the architect employed by the employer for wrong certification or design.

[hongwei09]

oh my god i am falling asleep in my tutorials..all presentations by students...

 

wah got mac desktop to use...

 

this class room so high class. lol....

 

class over in 15mins!!!!!!

 

u sleep somemore someone will post in sbf asking how to make u not sleep in class..

[hongwei09]

Mr president, iz, char, can u guys guide me on thisWhat are the requirements to satisfy before a claim in the tort of negligence can be made?Discuss whether a contractor can make a claim against the architect employed by the employer for wrong certification or design.

 

Cheeko, it is usually quite difficult to sue for tort as compared to sueing for breach of contract because the requirements that is needed to satisfy is quite stringent. In your case, I assume that the customer is sueing the architect and not the company. But in most cases, customer will sue company because the company has more money. Read up on "vicarciously liable" which means indirectly liable.

 

The requirements that u need to satisfy for tort are:

 

1. Establishing Duty of Care - you have to prove that it is the defendent's duty in providing the correct design/certification.

 

2. Breach of Duty - you have to prove that the defendent did not fulfil his duty.

 

3. Causation of Damage - there must be damages to you. Be it physical or economical. No damage No claim.

 

4. Remoteness of Damage - whether the damage caused is directly caused by the breach

 

But it is usually more difficult to sue for Tort than sue for breach. Because no damage no claim.

 

Hope this helps. IZ, Faz and Char feel free to correct so we can help Maj Cheeko and then he can come kukup.

 

Hongwei

[hellsfury]

Mr president, iz, char, asherie, can u guys give me some basic points or guide me on this questions.What are the requirements to satisfy before a claim in the tort of negligence can be made?Discuss whether a contractor can make a claim against the architect employed by the employer for wrong certification or design.

 

Requirements in tort of negligence:

 

1. The defendant owed the plaintiff a duty of care.

2. The defendant breached that duty of care

3. The defendant's breach caused the plaintiff's loss, and

4. that loss is not too remote.

 

All 4 elements must be satisfied, or else there will be no liability in negligence.

 

For 1. you can use the 3-stage test. The authority is Lord Oliver in Caparo Industries plc V Dickman (1990)

It must be reasonably foreseeable that the defendant's wrong certification of design would cause damage to the plaintiff.

There must be a sufficient degree of proximity(contact) between the parties, and

It must be just, fair and reasonable to impose a duty of care.

 

According to Ravi Chandran, professionals such as architects owe a duty of care to their contractual clients in relation to their professional work.

Edited February 10, 2009 by hellsfury

[hellsfury]

alamak hw i didnt refresh the page, so i didnt know u posted first, else i wont have typed it:cheeky:

[hongwei09]

haha..i love this module..

 

IZ i hope u can come to kukup leh..pls work out yr schedule..

 

anw cheeko u can also refer to this

 

http://www.singaporelaw.sg/content/Negligence.html

[C.S]

Pplaters all gong gong de. LOL. Like me lor. LOL.

 

 

 

*CLAPS*

 

 

well said

 

:thumb:

[hellsfury]

i will try.. Im smoothered by tuition and projects and term papers. then again, who isnt:cry:

[C.S]

i will try.. Im smoothered by tuition and projects and term papers. then again, who isnt:cry:

 

me

i am just being murdered by social reports

[muhdhaikal]

good afternoon all... anyone up to pump petrol in jb tonite? doesn't matter 1st or 2nd link..

[hongwei09]

*CLAPS*

 

 

well said

 

:thumb:

 

CS has found someone new to flame...

[muhdhaikal]

calling for Ash... when are you free to go recce??? from yesterday waiting for your answer...

[hongwei09]

i will try.. Im smoothered by tuition and projects and term papers. then again, who isnt:cry:

 

ya..who isnt?

 

u owe me 1 for not coming AGM. So i count u in for kukup. Just ask Sihao how happie he is winning the arai armoured jacket in NTU Challenge.

 

HAHA

 

(P.S. I want to get a R1. I still want to get a R1 because I wun be cornering on a track so it shouldnt stall)

[hongwei09]

calling for Ash... when are you free to go recce??? from yesterday waiting for your answer...

 

Recce where recce kukup? No need la we found the route. We'll show u on map

[hongwei09]

Requirements in tort of negligence:

 

1. The defendant owed the plaintiff a duty of care.

2. The defendant breached that duty of care

3. The defendant's breach caused the plaintiff's loss, and

4. that loss is not too remote.

 

All 4 elements must be satisfied, or else there will be no liability in negligence.

 

For 1. you can use the 3-stage test. The authority is Lord Oliver in Caparo Industries plc V Dickman (1990)

It must be reasonably foreseeable that the defendant's wrong certification of design would cause damage to the plaintiff.

There must be a sufficient degree of proximity(contact) between the parties, and

It must be just, fair and reasonable to impose a duty of care.

 

According to Ravi Chandran, professionals such as architects owe a duty of care to their contractual clients in relation to their professional work.

 

But usually tort is more difficult to prove right

[hongwei09]

Kukup 21st Feb - 22nd Feb

Meet 830 NUS/9am @GP Esso. Will be back in SG at about 3pm the next day.

About 80RM/Pax includes Seafood dinner and lunch + accomodation

About 80km away from 2nd link. Other highlights include karaoke, fireworks, coconut jelly and fruits plantation.

 

WE WILL NOT BE GOING THE POTHOLE ROAD!!!

 

Closing:18th Feb 09

 

Going:

1. Hongwei

2. Charlyn

3. Xianyu

4. Yuwen (provided no potholes!!!!!!!)

5. Faz

6. Ash

7.

8.

9.

10.

11.

12.

13.

14.

15.

 

Pending

1. Kitty (give u answer by this weekend)

2. Wadi

3. IZ

4. Haikal

5.