Friday, 6 February 2015

Legal Remedies for Wrongful Actions – A Business Risk Management Tool for Torts

 
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Course Information
Date: 25 February 2015 (Wed)
Time: 9.00am to 5.00pm
Venue: Concorde Hotel Function Room (f.k.a Le Meridien Hotel)
Fees: SGD500 (NETT)
S$200 (After PIC Grant)
*Enjoy up to 400% tax deduction or 60% cash payout under the Productivity and Innovation Credit (PIC) scheme for Staff Training. Find out more at https://www.iras.gov.sg/ or email picredit@iras.gov.sg
Inclusive of teabreaks and lunch
Registration is on a 1st come 1st serve basis. Register early to avoid disappointment.
Click here for registration form
To register, please contact Ms Elsie Koh @ 9857 8570/ 62789785 or elsie@threesixtytraining.com.sg
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Wrongful Acts – A Business Risk Management Tool for Torts

(A 1-day seminar on "legal remedies for wrongful actions")


by A/Prof Catherine Tay

Ignorance is not a privilege. It is your misfortune. What you do not know can hurt your business. "Torts" means "wrongful acts".

If someone has wronged another person, what are his legal rights? The law of torts has the answer. There are various types of torts or wrongful acts that can be committed by persons, companies and their employees and staff. These wrongful acts include negligence, nuisance, trespass, harassment and defamation including the tort of inducing breach of contract and tort of passing off action. Business negligence is a common tort or wrongful acts. Participants will learn the basic torts / wrongful acts and its remedies in this course.

Educational video training materials will be used to enhance learning.

  1. Negligence

    • duty of care
    • breach of duty: standard of care
    • causation and intervening acts
    • foreseeable harm
    • omission in rescue cases
    • control of land & dangerous things
    • economic loss & nervous shock cases
    • precautions & warnings
    • children, sport
    • egg shell skull rule
    • defective product liability
    • damage must be foreseeable and too 'remote'

  2. Nuisance
    • private nuisance, public nuisance
    • harassment
    • interference with enjoyment of land
    • duration of interference
    • abnormal sensitivity
    • public benefit
    • malice & negligence: who can sue?
    • Who is liable?
    • defences, damages, injunction and abatement
    • public health & public rights protected
    • convenience: obstruction of highway
    • safety: dangers to highway & roads

  3. Employers' Liability
    • proper plant & equipment
    • competent staff
    • safe place of work: Workplace, Safety & Health Laws
    • SARS, infection control & the law
    • defences
    • volenti non fit injuria
    • contributory negligence

  4. Dangerous Premises
    • liability of occupiers to visitors & trespassers
    • independant contractors
    • warning & acceptance of risk
    • exclusion of liability
    • landlords & tenants

  5. Strict Liability
    • rule in Rylands v Fletcher
    • dangerous things & non-natural use
    • escape: who can sue?
    • defences, consent, damages
    • fire, animals
    • vicarious liability, vehicle drivers
    • liability for independent contractors
    • statutory duties & common law duties
    • master & servant

  6. Defective Products
    • manufacturers' duty
    • intermediate inspection
    • causation & contributory negligence
    • warning & continuing duty
    • defects, type of loss
    • defences & limitations
    • development risks & consumer protection
    • Case-study
    • The Slim 10 case

  7. Trespass to Land
    • airspace & subsoil
    • interference & justification
    • rights of entry
    • possession: who can sue?
    • trespass and nuisance
    • remedies available

  8. Trespass to the Person
    • battery & assault
    • criminal injuries
    • false imprisonment
    • defences: consent, lawful arrest & self defence
    • malicious prosecution
    • malice & damage

  9. Defamation
    • what is defamatory?
    • libel & slander
    • publication & reference to plaintiff
    • truth & justification
    • absolute privilege & qualified privilege
    • what is "fair comment"?
    • matters of public interest
    • malice

  10. Contracts Restraining Work Elsewhere
    • non-competition clauses
    • inducing Breach of Contract
    • competitors

  11. Defences and Limitation
    • voluntary assumption of risk
    • knowledge, agreement
    • excluding liability, illegality
    • inevitable accident & necessity
    • standard of care – children, the infirm, workmen, emergency
    • personal injuries & death
    • persons under a disability

  12. Remedies and Death
    • types of damages: general and special monetary awards
    • medical and other expenses
    • loss of earnings & salary
    • pain & suffering
    • loss of amenity
    • damage to property
    • mitigation & interest on damage
    • injunction
    • fatal accidents & death

Course material will be provided and would serve as an invaluable reference guide. To enhance learning, formal lectures on principles of law and practice followed by case-studies and case-presentations and educational video presentation to reinforce the practical applications of the law.

For Whom

This course does not require you to have legal knowledge. It is for human resource managers and business executives, company directors and managers,
business managers and executives, and ANYONE interested to know about torts/wrongful acts and the remedies available.

360 Degrees Trainer Profile

Associate Professor Catherine Tay Swee Kian

Assoc Prof. Catherine Tay lectures law at National University of Singapore, NUS Business School in the Department of Strategy and Policy; and medical law and business law at Yong Loo Lin School of Medicine, NUS; as well as dental law and ethics at the Faculty of Dentistry, NUS. A/Prof Tay is an Associate Professorial Fellow, NUS.

She is a Barrister-at-Law, of Lincoln's Inn, United Kingdom and an Advocate and Solicitor in Singapore. She was called to the English Bar in 1978 and the Singapore Bar in 1980. She is an Associate Director, Bernard & Rada Law Corp.
She is an author of several law books including 'Contract Law'; 'Directors' Duties and Liabilities'; 'Business Law' ; E-Commerce Law; Intellectual Property Laws and 'Medical Negligence'. She has published several legal articles in prestigious international and local law journals.

A/Prof Tay studied law at Queen Mary College, University of London and graduated with a Bachelor of Laws (Honours) degree and a Master of Laws degree, in which she specialized in Company, Shipping, Insurance and Marine Insurance laws. She did her pupillage under the Honorable Lady Mary Hogg in London and returned to Singapore in the law firm of Rodyk & Davidson.

A/Prof Tay is also a member of the Centralized Institutional Review Board – Ethics sub committee of SingHealth hospitals and polyclinics; and is also a member of the National Healthcare Group Domain Specific Review Board / Research Ethics committee tasked to review the scientific and ethical aspects of research protocols. A/Prof Tay is an examiner on law and medical law subjects for a number of professional bodies and universities in Singapore and overseas. She was an external examiner in medical law at the Law Faculty of the University of Hong Kong.

She conducts in-house training seminars and workshops for hospitals, banks, statutory boards, hotels, commercial firms and companies, clubs and associations. She is also a legal consultant appearing on many television segments.

A/Prof Tay was a committee member of the editorial board of the Singapore Accountant Journal, Journal of the Institute of Certified Public Accountants of Singapore and the (United Kingdom) The Company Lawyer. She was on the Board of Overseas Editors for the (United Kingdom) Journal of Financial Crime, an official publication of the Cambridge International Symposium on Economic Crime. She has presented conference papers at many conferences and seminars on Business Law, Medical Law, and Company and insolvency Laws overseas and in Singapore.

A/Prof Tay has published numerous articles in international peer reviewed journals such as BIOETHICS, the Hong Kong Journal of Emergency Medicine; the (United Kingdom) Journal of Business Law, (United Kingdom) Business Law Review; the (United Kingdom) Company Lawyer and the (United Kingdom) Insolvency Law & Practice, (United Kingdom) Tolley's professional negligence, (United Kingdom) Tottel's Professional Negligence, the Singapore Dental Journal; the Malayan Law Journal; the Securities Industry Review and The Singapore Law Gazette.

She received the 2008 Sinagapore Medical Journal Recognition Award for reviewing with Distinction for consistently submitting timely, detailed and scholarly reviews.

A/Prof Tay cohosted a weekly talk show "In the Eyes of the Law" on NTUC RadioHeart and was a consultant to MediaCorp television series on consumer laws "What's Your Case" on TV Channel 5.

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