What are the types of damages claimable for the tort of battery?
What are the elements of the tort of battery?
According to the Gary Kok Yew Chan & Pey Woan Lee, The Law of Torts in Singapore (2nd edn, Academy Publishing 2016) at [02.015], the elements of the tort of battery are as follows:-
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- direct physical contact with the Claimant;
- intentional physical contact with the Claimant; and
- unjustified physical contact.
What are the damages claimable?
- Pain and suffering
- Loss of amenities
Damages are commonly recovered in respect of pain and suffering, as well as loss of amenities. In Goel Adesh Kumar v Resorts World at Sentosa Pte Ltd (SATS Security Services Pte Ltd, third party) [2015] SGHC 289 (“Goel”) at [40], the Claimant was awarded $25,000 for pain and suffering and loss of amenities.
“Pain and suffering” refers to the physical pain and emotional and intellectual suffering arising from the injury (see the High Court decision of Au Yeong Wing Loong v Chew Hai Ban and another [1993] 2 SLR(R) 290 (“Au Yeong Wing Loong”) at [11]), while “loss of amenity” refers to the loss of the ability to enjoy life to its fullest (see Halsbury’s Laws of Singapore – Civil Procedure, vol 4 (LexisNexis, 2016 Reissue) at para 50.387). Whether there is loss of amenity is an objective fact that does not depend on an appreciation of the loss by the victim (see the decision of this court in Tan Kok Lam (next friend to Teng Eng) v Hong Choon Peng [2001] 1 SLR(R) 786 (“Tan Kok Lam”) at [28]): see Noor Azlin bte Abdul Rahman v Changi General Hospital Pte Ltd [2022] 1 SLR 689 at [82].
While pain and suffering and loss of amenities are often awarded together, they are distinct. In Kang May Teng, Maria Oliva v Chua Jun Yang [2025] SGDC 130 at [108]-[112], the District Judge allowed the former but not the latter (note: the case was overturned on liability).
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- Medical expenses
- Transport expenses
In Goel, the Claimant also managed to claim for pre-trial medical expenses and transport expenses of about $16k, as he had properly recorded these: at [41].
- Loss of earnings
In Goel, the Claimant also tried to claim for pre-trial loss of earnings. However, the Court did not grant it as the evidence from the doctors suggested that the Claimant would have had no problems returning to his work within a few months. The Claimant also could not satisfy the Court that his alleged loss of a client had a causal link with the injuries: at [44].
- Aggravated damages
In Goel, the Claimant also tried to claim for aggravated damages because the Defendant’s conduct was “contumelious, exceptional and deplorable”. He submitted that additional compensation should be awarded for the humility, distress and insult caused. However, the Court declined to grant it as it found that the conduct of the Defendant during the material incident was not so wrongful as to warrant an award of aggravated damages: at [47].
Aggravated damages are hard to claim. Essentially, aggravated damages are to augment the amount of general damages available so as to adequately compensate the plaintiff for the aggravation of the injury arising from the conduct of the defendant. It is subject to the principle of proportionality: see Li Siu Lun v Looi Kok Poh and another [2015] 4 SLR 667.
- Exemplary damages? Unclear if such a head is recognised in Singapore.
In Goel, the Claimant also tried to claim for exemplary damages (awarded to punish the defendant and to deter him and others from similar behaviour in the future), but the Court noted that it was unclear whether such a head of damages are recognised in Singapore, and further, that on the facts of the case, there was no cause for making the award: at [48].
About the author: Jerrie Tan is the Founding Director of Jerrie Tan LLC, a Singapore disputes practice at jerrietanllc.com. A litigator with 13 years in the commercial and criminal courts and more than 40 reported judgments, she is a Benchmark Litigation Asia-Pacific Litigation Star 2026 and acts in commercial and civil litigation.
This article is general information only and does not constitute legal advice. It does not create a solicitor-client relationship. Outcomes depend on the specific facts of each matter. Please seek advice on your own circumstances.
This article was written by Jerrie Tan, Founding Director, and Lim Yuhang, of Jerrie Tan LLC.
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