PROFESSIONAL NEGLIGENCE IN THE PROPERTY-RELATED PROFESSIONS

Abstract

The first part of the thesis aims to test the proposition - that there have been substantial extensions and changes of the law of professional negligence going beyond established principles, and that these gave resulted in a significant increase in the potential liability of the surveying and construction professions. In Chapter 1 an outline of the research is given. In Chapter 1.3 an indicator exercise concludes that further investigation is merited. In Chapter 2.1 the historical development of the tort of the negligence in described. Chapter 2.2 shows how the concept of professional negligence developed. Chapter 2.3 explores further the contract-tort relationship and concludes that in general the trend is towards assimilating the forms of action under the heading of ‘professional negligence’. Chapter 3 contains an analysis of the application of the principles of professional negligence to the property-related professions with particular emphasis on areas of developments. The proposition sought to be tested is concluded to be correct. The second part of the thesis considers two propositions: A – That there are indicators that the Singapore professions will encounter increased risk exposure due to professional negligence liability. B. – That the existing responses and perceived to be inadequate and will require further review and improvement to protect the interest of the professionals as well as those of the public. In Chapter 4.1 a study of the law the professional negligence in Singapore is made, concluding that there are strong indicators that Singapore and Malaysia follow the common law trends identified in English law and in other jurisdictions in Chapter 2 and 3. Chapter 4.2 studies indications of changed attitudes in contemporary Singapore towards litigation and towards professionals, and conclude that these trends are likely to affect the position of the property-related professions. Accordingly, proposition A is concluded to be correct. Chapter 4.3-4.6 and 5 contain detailed studies of attitudes to professional negligence and continuing professional development (CPD) of the property-related professions in Singapore. It is concluded that members of the professions are concerned at the risks of professional negligence and perceive themselves as inadequately prepared to meet it. It is further concluded that commitment to and provision of CPD in Singapore is concluded to be worthy of serious consideration. Chapter 5.7 considers professional indemnity insurance. An approach for the property-related professions in Singapore is suggested, following the conclusion that existing provision is inadequate. The overall conclusion of Chapters 4 and 5 is that proposition B is largely correct. While there is some awareness of the problems of professional negligence and while the professional bodies have taken some measures to institute CPD, the response to date has been inadequate to reflect the seriousness of the threat and requires urgent review.