Tort Cheat Sheet for RES Exam Revision

Tort is a civil wrong (not criminal) that causes harm or loss to another person, giving rise to legal liability and potential compensation. Unlike contract law which deals with broken promises, tort law addresses wrongs committed against persons or property. For the RES exam, remember these three essential elements that must be present: (1) a duty of care owed by the defendant to the plaintiff, (2) breach of that duty through action or omission, and (3) damage or harm directly resulting from the breach. Real estate salespersons can face tort liability for negligent misrepresentation, providing inaccurate property information, or failing to disclose material facts. The key distinction: tort liability arises from law, not from contractual agreements. In Singapore, tort claims are governed by common law principles and specific statutes like the Occupiers' Liability Act.

Negligence is the most frequently tested tort on the RES exam. Master the three-part test established in Spandeck Engineering v Defence Science & Technology Agency: (1) Factual foreseeability - was the harm a reasonably foreseeable consequence? (2) Legal proximity - was there sufficient closeness between parties? (3) Policy considerations - are there reasons to limit liability? The standard applied is the reasonable person test: would a reasonable person in the defendant's position have acted differently? For real estate salespersons, this means exercising the care and skill expected of a competent professional. Remember the "but for" test for causation: but for the defendant's actions, would the damage have occurred? If the answer is no, causation is established. Defences include contributory negligence (plaintiff's own carelessness) and volenti non fit injuria (voluntary assumption of risk).

Real estate salespersons are held to a higher standard than ordinary persons due to their professional status. The test is: did the salesperson meet the standard of a reasonably competent estate agent? Key duties include: conducting proper property inspections, verifying information before presenting to clients, disclosing material defects or encumbrances, and providing accurate market valuations. Misrepresentation can constitute negligence when false statements are made carelessly without reasonable grounds for belief. Under the Hedley Byrne principle, professionals owe a duty of care when providing advice or information, even without a contract. For the RES exam, remember that silence or non-disclosure of material facts can also constitute negligence when there's a duty to speak. Estate agents must maintain professional indemnity insurance as mandated by the Council for Estate Agencies (CEA) to cover potential negligence claims.

Private nuisance is the unlawful interference with a person's use or enjoyment of land. Three requirements must be met: (1) indirect interference (not direct physical invasion), (2) unreasonable interference based on duration, intensity, and locality, and (3) damage to the plaintiff. The test for unreasonableness considers: ordinary sensibilities of a reasonable person, not hypersensitive individuals. Common examples in property contexts include excessive noise, vibrations from construction, or noxious odours affecting neighbouring properties. Key defences to memorize: (1) statutory authority - activity authorized by legislation, (2) prescription - continuous nuisance for 20+ years, (3) coming to the nuisance is NOT a complete defence. Remember: malice can turn otherwise reasonable conduct into nuisance. Remedies include injunctions (court orders to stop) and damages (monetary compensation). Estate agents should disclose known nuisances affecting properties.

Trespass is the direct and intentional interference with another's possession of land, without lawful justification. Unlike nuisance, trespass is actionable per se (no proof of damage required). Key points for RES exam: (1) trespass must be direct (throwing objects onto land, walking onto property), (2) intention to enter is required, not intention to trespass, (3) possession, not ownership, determines who can sue. Continuing trespass occurs when someone places objects on another's land and refuses to remove them. Common real estate scenarios include: unauthorized property viewings, placing "For Sale" signs without permission, or entering property after permission is withdrawn. Defences include: (1) consent/licence from occupier, (2) legal authority (court orders, statutory rights), (3) necessity in emergencies. Remember: even airspace above and subsoil below can be subject to trespass claims if interference is at a height or depth affecting ordinary use.

The Occupiers' Liability Act (Cap. 213A) governs the duty owed by property occupiers to persons entering premises. Occupier means anyone with sufficient control over premises, including landlords and estate agents conducting viewings. The duty owed depends on visitor status: (1) Lawful visitors - owe a common duty of care to ensure premises are reasonably safe for the purpose of visit, (2) Trespassers - owe a duty to not deliberately or recklessly cause harm. For the RES exam, remember: occupiers can restrict or exclude liability through clear notices, except for death or personal injury caused by negligence. When conducting property viewings, estate agents temporarily become occupiers and must warn visitors of non-obvious dangers. Independent contractors: occupiers generally not liable for their negligence, except when occupier retains control or contractor performs inherently dangerous work. The standard is reasonableness - what precautions would a reasonable occupier take?

Vicarious liability makes employers liable for torts committed by employees during the course of employment, even without employer fault. For estate agencies, this is critical: the agency can be held liable for salespersons' negligent acts. Three requirements: (1) tortfeasor must be an employee (not independent contractor), (2) tort must be committed in the course of employment, (3) sufficient connection between employment and wrongful act. The test: was the wrongful act so closely connected with authorized acts that it's fair to hold the employer liable? Key principle: employers liable even for unauthorized acts if done in furtherance of employer's business. Prohibited acts may still attract liability if within employment scope. Estate agencies are vicariously liable when salespersons make negligent misrepresentations to clients during property transactions. Defences: employee was on a "frolic of their own" (substantial departure from duties). Employers can seek indemnity from negligent employees after paying damages.

Two main remedies for tort claims: (1) Damages (monetary compensation) and (2) Injunctions (court orders). Compensatory damages aim to restore plaintiff to pre-tort position, covering: pecuniary losses (medical expenses, property damage, lost income) and non-pecuniary losses (pain, suffering, loss of amenity). Aggravated damages may be awarded when defendant's conduct was high-handed or oppressive. Exemplary/punitive damages are rare, reserved for oppressive government conduct or calculated profit-seeking wrongs. The remoteness test: only reasonably foreseeable losses are recoverable (Wagon Mound principle). Plaintiffs must mitigate losses - take reasonable steps to minimize damage. Injunctions are equitable remedies: (1) prohibitory - orders to stop conduct, (2) mandatory - orders to take action. Courts consider balance of convenience and adequacy of damages. For the RES exam, remember: injunctions are discretionary and typically used for ongoing nuisances or trespasses where damages are inadequate.

Essential facts for rapid recall: Tort is a civil wrong, not criminal. Negligence test: duty + breach + damage. Standard of care: reasonable person in defendant's position. Causation: "but for" test. Private nuisance: unreasonable interference with land use/enjoyment; NOT actionable per se. Trespass: direct interference with land possession; IS actionable per se. Occupiers' Liability Act (Cap. 213A): common duty of care to lawful visitors. Prescription period for nuisance: 20+ years. Vicarious liability: employer liable for employee torts in course of employment. Spandeck test: factual foreseeability + legal proximity + policy considerations. Remedies: damages (compensatory, aggravated, exemplary) and injunctions (prohibitory, mandatory). Defences: contributory negligence, volenti, consent, statutory authority, necessity. Estate agents face professional negligence liability for misrepresentation and failure to disclose material facts. Practice these concepts thoroughly using the Prepare app, which offers comprehensive practice questions across all 13 RES exam topics to reinforce your understanding.