Strict liability is a legal term that refers to a type of liability that does not require proof of fault. It means that the defendant with a case under strict liability is held responsible for the damages, regardless of whether he was negligent or not.
In MCST 3602 v MacFadden, Declan Pearse [2021] SGHC 260, the High Court however, ruled that Section 29(1)(b) of the Building Maintenance & Strata Management Act (BMSMA) does not create a situation of strict liability. The mere fact that an element is common property does not render the MCST liable. If the MCST has acted reasonably in the discharge of its duty to maintain common property, it has not breached its statutory duty.
Notwithstanding the above decision, it is recommended that for good communal living, affected parties may work together to carry out joint investigation for complex matter, with an agreement on liability of cost when the investigation has concluded.
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