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SINGAPORE JOURNAL OF LEGAL STUDIES

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  • Journal Result

  • Case and Legislation Notes

    Charges over Bank Deposits – A Reappraisal of Their Conceptual Possibility

    Citation: [1987] Sing JLS 282
  • Case and Legislation Notes

    Habeas Corpus – Misuse of Drugs or Misuse of Powers? Daud bin Salleh v Superintendent, Sembawang Drug Rehabilitation Centre Subramaniam v Superintendent, Selarang Park Drug Rehabilitation Centre

    Citation: [1981] Sing JLS 282
  • Case and Legislation Notes

    Imbree v. McNeilly: A View from Singapore

    Citation: [2009] Sing JLS 283
    In Imbree v. McNeilly, the High Court of Australia ruled that a learner driver is no longer to be held to the standard of a reasonable but unqualified (and inexperienced) driver in negligence claims. This overrules Cook v. Cook in this aspect and necessitates changes in tort textbooks which have very often cited Cook in direct contrast with the English position as embodied in Nettleship v. Weston. The contrast, which the textbooks have traditionally drawn, is used to illustrate the principle that the objective standard of care required by the law is one that relates to the type of activity in which the defendant is engaged, rather than the category of actor to which the defendant belongs. Thus, whereas the English Court of Appeal in Nettleship regarded that driving a motor vehicle requires the driver to be adjudged by the standard of a competent driver, the High Court of Australia in Cook was prepared to look to the individual characteristics of the defendant as evincing a "special relationship" with the plaintiff, to which effect was given by lowering the standard of care. This distinction has now been erased in Imbree, which concerned a claim by a passenger against an inexperienced driver of his car for injuries suffered. Imbree is certainly an important decision whose significance will surely find resonance in varied areas of tort law in time to come. It is the modest aim of this case note to show that Imbree, while a decision on a narrow point, in fact hints at a larger difficulty in the ascertainment of the standard of care in individual cases. It is in this context that it will be suggested that, when the time comes for Singapore.
  • Case and Legislation Notes

    Treaties, Declarations and Other Instruments (Singapore and International Law)

    Citation: [1993] Sing JLS 284
  • Case and Legislation Notes

    Parallel Imports and the Tort of Passing-off and Trade Mark Infringement: Colgate – Palmolive Ltd. & Anor. v. Markwell Finance & Anor

    Citation: [1989] Sing JLS 284
  • Case and Legislation Notes

    Causation in the Tort of Negligence – A Dispensable Element?: Fairchild v. Glenhaven Funeral Services Ltd and others

    Citation: [2003] Sing JLS 285
  • Case and Legislation Notes

    Jurisdictional Theory in the Melting Pot: South East Asia Fire Bricks Sdn. Bhd. V Non-Metallic Mineral Products Manufacturing Employees Union and Others

    Citation: [1980] Sing JLS 285
  • Case and Legislation Notes

    Judicial Approaches to Entrapment: R v Sang

    Citation: [1981] Sing JLS 286
  • Case and Legislation Notes

    The Small Claims Tribunals Act 1984

    Citation: [1984] Sing JLS 287
  • Case and Legislation Notes

    The Convention on the Settlement of Investment Disputes – Commentary and Forecast

    Citation: [1969] Sing JLS 287