In general litigation, defendants often rely on a variety of defences to challenge the claims brought against them. Understanding these defences is crucial for both parties involved in a dispute, as they shape the strategies and outcomes of litigation in Singapore. These defences can be complex, and their applicability depends on the specifics of each case. For businesses, individuals, and legal professionals in Singapore, it is vital to grasp the nuances of these defences to effectively navigate the legal process.
Defences in General Litigation
General litigation in Singapore encompasses a broad range of legal issues, including contractual disputes, negligence claims, defamation, and personal injury cases. When a defendant is sued, they may raise one or more defences to avoid liability. Below, we explore some of the most common defences in general litigation and how they apply in different contexts.
1. Denial of Liability
One of the most straightforward defences in general litigation is denying liability. The defendant may assert that they are not responsible for the actions or omissions alleged by the claimant. In defamation cases, for example, the defendant may argue that the statement in question is not defamatory, or that it was not made by them at all.
This defence is often seen in cases involving breach of contract, where the defendant may argue that they did not breach the terms of the agreement. In personal injury cases, the defendant may claim they were not at fault for the incident in question.
2. Consent or Agreement
Consent is another common defence, particularly in cases of personal injury or defamation. If the claimant voluntarily agreed to the risk or action that led to their injury, the defendant may argue that consent was given, thus negating liability. For example, in defamation claims, a defendant might argue that the claimant consented to the publication of the allegedly defamatory statement through an agreement or understanding.
In commercial disputes, businesses may also rely on the defence of consent when entering into contracts, arguing that both parties mutually agreed to the terms.
3. Self-Defence
Self-defence is most often raised in personal injury or assault cases. It asserts that the defendant’s actions were a reasonable response to a threat, and therefore they should not be held liable for the harm caused. In Singapore, self-defence must be proportionate to the threat faced, and the defendant must have acted in a reasonable manner to protect themselves or others.
For example, in a situation where someone is accused of assault, they may argue that they used force in self-defence to prevent immediate harm. In the context of general litigation, this defence is frequently used in criminal cases but can also apply in tortious claims.
4. Contributory Negligence
Contributory negligence is a defence often used in personal injury cases, where the defendant argues that the claimant’s own actions contributed to the harm they suffered. In Singapore, the courts may reduce the damages awarded to a claimant if they are found to be partially responsible for their injury. This defence is particularly common in cases involving accidents or medical malpractice, where both parties may share some level of fault.
5. Statutory Defences
In certain legal situations, defendants may rely on statutory defences—defences created by law. In employment law disputes, employers may rely on statutory defences provided under the Employment Act or other labour-related legislation to justify their actions.
6. Lack of Jurisdiction
The defence of lack of jurisdiction is typically raised when a party challenges the court’s authority to hear the case. This can happen if the defendant argues that the court does not have the power to resolve the dispute because it falls outside the court’s geographical jurisdiction. For example, if a case involves a dispute between parties based outside Singapore, the defendant may raise a lack of jurisdiction as a defence.
How to Protect Yourself in General Litigation
Being proactive in your legal strategy can help prevent or mitigate the impact of these defences. If you find yourself facing a lawsuit, it’s essential to consult with a general litigation lawyer in Singapore. A skilled litigator can help you assess your case, identify applicable defences, and provide sound advice on how best to proceed.
For businesses, it is equally important to ensure that contracts and other legal documents are carefully drafted to minimise risks. An experienced lawyer can help you build robust agreements that reduce the likelihood of disputes and safeguard your interests.
Conclusion
The availability of various defences in general litigation provides defendants with a means to challenge claims made against them. Understanding when and how these defences apply is essential for anyone involved in a legal dispute in Singapore. If you are facing litigation, it is crucial to have experienced legal representation to protect your rights and interests.
When your business faces legal disputes, Doris Chia can offer expert advice on general litigation matters to safeguard your company’s reputation and assets. With a proven track record in handling complex cases, Doris provides clear, strategic legal solutions that ensure the best outcomes for her clients. Reach out today to secure a trusted partner in navigating your legal challenges.
