More Employers May be Vicariously Liable for Single Tortfeasor

In Munshi Mohammad Faiz v. Interpro Construction Pte Ltd [2021] SGHC 26, the High Court held that it is permissible in law to hold multiple defendants vicariously liable for the negligence of a single primary tortfeasor (“Dual VL”).  It also affirmed the two-stage test for determining whether vicarious liability ought to be imposed on a defendant for the negligence of a primary tortfeasor as laid down by the Court of Appeal in Ng Huat Seng and another v Munib Mohammad Madni [2017] 2 SLR 1074. While the imposition of Dual VL had not been expressly decided by the Court of Appeal in Singapore, the principle has been recognised in the English and Canadian Courts.  The High Court accepted that “the possibility of dual responsibility provides a coherent solution to the problem of the borrowed employee”. If both the general employer and temporary employer satisfies the test in Ng Huat Seng, both of them can be held vicariously liable.