Tort Law in the Face of Land Scarcity in Singapore

The notion that the legal content of a jurisdiction is shaped and conditioned by the societal conditions of that jurisdiction finds special expression in Singapore tort law. Land is scarce in Singapore and this scarcity has three varying implications: (a) a high cost of housing, (b) a high building density, and (c) a high population density. Each aspect of the land scarcity problem has in turn led to responses from the Singapore courts in the area of tort law. This paper seeks to demonstrate the unique legal decisions in three selected areas of tort law (each corresponding to the three aspects of the land scarcity problem explained above) which have resulted from the land conditions in Singapore. In essence, this paper will argue that in tort law, the Singapore courts have hitherto adopted an approach that is both pragmatic and robust to achieve social and practical justice, with legal refinements coming only at a later stage when the practicalities of the situation have been resolved.