Suchergebnisse

Cover -- Half Title -- Title Page -- Copyright Page -- Dedication -- Table of Contents -- Table of Cases -- Table of Legislation -- Preface -- Acknowledgements -- 1 Introduction to the Healthcare System, Health Laws and Regulations -- 1.1 Introduction -- 1.2 Meaning and Scope of Health, Disease and Well-Being -- 1.3 Healthcare System in Singapore -- 1.3.1 Healthcare Costs and Insurance -- 1.3.2 Education and Training of Healthcare Professionals and Medical Research -- 1.4 Health-Related Laws and Regulations -- 1.4.1 Healthcare Professionals -- 1.4.2 Healthcare Institutions and Practices -- 1.4.3 Medical Bodies and Institutions -- 1.4.4 Disciplinary Process for Medical Practitioners -- 1.4.5 Legal Liabilities of Medical Practitioners -- 1.5 Conclusion -- 2 Introduction to Medical Ethics -- 2.1 Introduction -- 2.2 Ethical Theories -- 2.2.1 Consequentialism -- 2.2.2 Deontology -- 2.2.3 Virtue Ethics -- 2.2.4 Confucianism -- 2.2.5 Care Ethics -- 2.2.6 Justice and Fairness -- 2.2.7 Capabilities Approach -- 2.2.8 Moral and Cultural Relativism -- 2.3 Biomedical Ethics: Principlism -- 2.3.1 Autonomy -- 2.3.2 Non-Maleficence -- 2.3.3 Beneficence -- 2.3.4 Justice -- 2.4 Other Ethical Considerations and Concepts -- 2.4.1 Personhood, Moral Status and Rights -- 2.4.2 Human Dignity -- 2.4.3 Right to Life, Sanctity and Quality of Life -- 2.4.4 Right to Health and Healthcare -- 2.4.5 Doctrine of Double Effect -- 2.5 Medical Ethics in Singapore -- 2.5.1 The SMC Ethical Code and Ethical Guidelines 2016 (ECEG 2016) -- 2.6 Conclusion -- 3 Medical Negligence (Part 1) -- 3.1 Introduction -- 3.2 Duty of Care -- 3.2.1 The Judicial Formulation and Development of Duty of Care -- 3.2.2 Duty of Care in Medical Contexts -- 3.3. Standard of Care -- 3.3.1 General Principles -- 3.3.2 The Bolam and Bolitho Tests: Diagnosis and Treatment -- 3.3.3 Hii Chii Kok: Medical Advice.

This paper examines the relationship between statutory duties and the common law duty of care in the tort of negligence. There are apparently divergent judicial statements on the general approach towards duty of care to be owed by persons under a statutory duty. One central question arises: should the courts treat the common law duty of care as subsisting generally unless it is excluded by the statute or must the plaintiff show that the Parliament intended to confer a private right of action or impose a common law duty? This paper argues that the two approaches may be properly accommodated within the two-stage duty of care test in Anns v Merton London Borough Council which has been applied in Canada, New Zealand and Singapore. It further discusses how statutory duties may impact on the specific elements (proximity and policy considerations) within the Anns framework. The analysis will promote greater legal coherence in this complex area of tort law and thereby assist courts to better tailor their decisions in a more consistent and principled manner.

Hyperlinks make the World Wide Web go round. They find and connect information and content from a wealth of sources on the web including, from time to time, defamatory material. Newton, the owner and operator of a website in British Columbia, posted an article entitled "Free Speech in Canada". The article itself was not alleged to be defamatory of Crookes, a politician. However, it incorporated hyperlinks to other internet websites that contained defamatory material. Notwithstanding requests from Crookes and his lawyer, Newton refused to remove the hyperlinks. Did Newton's act of hyperlinking to internet websites constitute "publication" of the defamatory material? The Supreme Court of Canada in Crookes v Newton [2011] 3 S.C.R. 269 responded with an emphatic "no". Though a correct outcome on the facts, there were three distinct judicial approaches emanating from the court that bear scrutiny.

The growing importance of artificial intelligence (AI) and big data in modern society, and the potential for their misuse as a tool for irresponsible profit call for a constructive conversation on how the law should direct the development and use of technology. This collection of chapters, drawn from the Conference on 'AI and Commercial Law: Reimagining Trust, Governance, and Private Law Rules', examines the interconnected themes of AI, data protection and governance, and the disruption to or innovation in private law principles. This collection makes two contributions. First, it shows that private law is a crucial sphere within which that conversation takes place. To borrow from the extra-judicial comments of Justice Cuéllar of the Supreme Court of California, private law 'provides a kind of first-draft regulatory framework – however imperfect – for managing new technologies ranging from aviation to email'. As this collection demonstrates, private law furnishes a first-draft regulatory framework by directly applying or gently extending existing private law theory, concepts and doctrines to new technological phenomena and, more markedly at times, by creating new principles or inspiring a new regulatory concept. This is not to say that private law is superior to or replaces legislation. This collection asks that we consider more deeply the potential and limits of private law regulation of AI and data use, as well as its co-existence and interface with legislations.

<i>Objective: </i>This study examined the extent to which a retrospective measure of parental provision of the first alcoholic beverage was related to current heavy episodic drinking and current responsible drinking practices. <i>Sample:</i> 608 14- to 17-year-olds from the 2007 Australian National Drug Strategy Household Survey. <i>Measures:</i> Source of first alcoholic beverage (friends/parents/others), source of current alcohol, age of onset of alcohol use, current responsible drinking practices, and proportion of current friends who drink. <i>Results:</i> Binary logistic and multiple regression procedures revealed that parental provision of an adolescent's first alcoholic beverage predicted lower current heavy episodic drinking, and responsible drinking mediated this association. <i>Discussion:</i> The results suggested that for adolescents who become alcohol users, parental provision of the first drink may reduce subsequent alcohol-related risks compared to introduction to alcohol by friends and other sources. Alcohol-related risks remain significant for adolescents who consume alcohol, independent of who is the provider.

The Singapore legal system is a rich tapestry of laws, institutions, values, history and culture. Like the Singapore-made quilt, each strand of the legal system is woven together to form a jurisprudential kaleidoscope bounded by a unique national identity. The legal system will inevitably undergo tension as socio-economic and politico-legal changes unfold with increased globalisation and regionalisation. Thus, Singapore has to respond swiftly and deftly in creating new laws and institutions or adapting existing ones. In this regard, Singapore is and has been ready and willing to learn from the legal developments taking place in foreign jurisdictions with similar aspirations. Sometimes, old solutions may have to be discarded and new fangled ideas tested with appropriate modifications to suit local circumstances. In this process of the (sometimes) rigorous adaptation, learning and constant change, however, history remains a useful (though not infallible) guide for the present and the future path of Singapore law.