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SINGAPORE JOURNAL OF LEGAL STUDIES

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  • Case and Legislation Notes

    Taking Caution at Pedestrian Crossings: Pedestrians Beware—Asnah bte Ab Rahman v Li Jianlin

    Citation: [2018] Sing JLS 140
    Asnah bte Ab Rahman v Li Jianlin is a landmark 2016 Court of Appeal decision_x000D_ concerning the defence of contributory negligence in Singapore, especially where it_x000D_ concerns personal injury claims arising from motor accidents involving pedestrians._x000D_ Aside from the rare dissenting judgment, the majority's judgment is controversial for_x000D_ its decision that a pedestrian, who made use of a signalised crossing with the signal in_x000D_ his favour, was contributorily negligent because he failed to check for vehicular traffic_x000D_ again at the centre-divider. The majority's judgment may be relied on by motorists_x000D_ and their insurers in cases far beyond the factual context in which it was made, with_x000D_ potentially unfair consequences. Indeed, its reasoning can be readily extended to_x000D_ other types of personal injury claims. Although decided in 2016, Asnah warrants a_x000D_ detailed analysis that considers its potential implications, given its significance.
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