Understanding Wrongful Acts in Business Management – Torts & Legal Remedies

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’

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

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

Dangerous Premises

• liability of occupiers to visitors & trespassers
• independent contractors
• warning & acceptance of risk
• exclusion of liability
• landlords & tenants

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

Trespass to Land

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

Trespass to the Person

• battery & assault
• criminal injuries
• false imprisonment
• defences: consent, lawful arrest & self defence
• malicious prosecution
• malice & damage

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

Contracts Restraining Work Elsewhere

• non-competition clauses
• inducing Breach of Contract
• competitors

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

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 will be conducted by one of the following trainers)

Shirley Han is a Senior Consultant in Personal Empowerment courses. These include courses in Presentation Skills, Professional/Corporate Image, Grooming and Deportment, Interpersonal Communication, Conflict Management, Time Management, Customer Service and Telephone Etiquette. She is also a trainer in Singapore Airlines for their Cabin Crew and Ground Personnel in Etiquette & Deportment, Effective Communication and Professional Imaging.

Besides being a trainer, Shirley’s overall experience covers other areas of marketing and communication. This includes Business Development, Advertising & Public Relations, Marketing & Communications, Client Management, and Event Management. Specialising in the lifestyle and service industry, she works in the capacity of a Creative Director, Copywriter and Art Director. This includes press liaison, scriptwriting for television commercials, corporate videos, and CDRoms.

Shirley has a Bachelor of Arts Degree in Economics, Sociology and Philosophy from the National University of Singapore. She studied Neuro-Linguistic Programming with the Master Trainer Institute of New York. Serving multinationals and statutory boards on both local and regional levels, her client list cover various industries, including:

• Banking and Finance – AIA, Citibank, Credit Swiss First Boston, MAS, KPMG, UOB, UBS
• Education – NUS, Nanyang Business School, Jurong Institute, MIS, Ong Teng Cheong Institute of Labour Studies, Nanyang Girls’ Secondary School
• Government Institutions – NorthEast & SouthEast Community Development Councils, HDB, Ministry of Environment, LTA, SMRT
• Lifestyle – Cartier International, Lancome Cosmetics, Readers’ Digest, Glamour Shots
• Manufacturing/Logistics – TIMKEN, SANDEN, Singapore Technology Logistics
• Medical – Baxter Healthcare, Pfizer, SGH
• Trade/Property – Temasek Holdings, Sumitomo Trading Corporation, Diethelm, Unilever
• Travel – Singapore Airlines, Singapore Changi Airport Services Enterprise, Aerospace Training Center, United Airlines
• Technology – National Computer Services, Singapore Technology College, Defense Science Organization, Hewlett Packard

Parul Sandhu Chopra is an enthusiastic, engaging and articulate Corporate Trainer, Coach and Consultant with over 10 years of experience within the Marine, Education and Corporate sectors. Working with companies such as Singapore Airlines, Aon and Pfizer, she uses her knowledge of Strengths Theory, Emotional Intelligence and Positive Psychology to engage and empower her participants to excel in their roles.

Having grown up in India, Hong-Kong and Singapore, Parul is a very ‘culturally-competent’ Trainer. She has incorporated a unique style of delivery, leveraging on her diverse multicultural exposure, to effectively deliver workshops such as:

‘Effective Presentation Skills’, ‘Professional Branding & Grooming’, ‘Etiquette & Deportment’, ‘Emotional Intelligence’, ‘Business Networking’, ‘Personal Assertiveness’ as well as ‘Effective Communication Skills’.

Academically, Parul studied at Canadian International School (Singapore) before pursuing an Honors degree in Psychology from the University of Toronto (Canada) in 2005. She later went on to attain a Post-Graduate Diploma in Human Resources and Talent Management from Singapore Human Resource Institute in 2011. Educated in Human Psychology studies, Parul better understands that the emotional fabric in Human Resources is what forms the base for all relationships, behavior and change, in the workplace. A happy and safe work environment is the key to increasing productivity, service quality and retention which ultimately leads to more productive and engaged workforce.

Parul’s Experience:

• Aon Service Corporation A.T.Kearney
Bohler Pacific Pte Ltd Fuji Oil
• Jebsen & Jessen (SEA)
• Ministry of Education- Schools
• Nanyang Technological University (NTU)
• Singapore Airlines (SIA)
• Singapore University of Technology and Design (SUTD)
• SP Jain School of Global Management
• Surbana Jurong
Pfizer Asia Manufacturing PL