AN EXAMINATION OF THE SCOPE AND LIMITS OF VICARIOUS LIABILITY UNDER THE NIGERIAN LAW

Vicarious liability is a common law rule incidental to colonialism in Nigeria which has since become an essential part of the Nigerian law. Vicarious liability is where a person without fault becomes liable for the tort of another because of some pre-existing relationship between them particularly, between a principal and his agent. Several justifications abound for the imposition of this rule. Vicarious liability is strict liability without fault on the part of an employer. By virtue of this doctrine, an employer will be held vicariously liable for intentional acts of his employee done with the intent to cause such harm.

This doctrine rests on the fundamental premise that the employer is best placed financially, to pay compensation for damages caused in the furtherance of his business by his agent. This doctrine in the bid to champion public policy, creates an avenue, for servants to intentionally cause harm, defraud others and make someone else pay inasmuch as he is careful to do it, within the course of his employment. This work points out if and how Nigeria has embedded this principle of law in local legislation and makes recommendations on the need to either curtail or expand the doctrine in some respects.

 TABLE OF CONTENT

TITLE PAGE

DECLARATION

CERTIFICATION

DEDICATION

ACKNOWLEDGEMENT

ABSTRACT

CHAPTER ONE: GENERAL INTRODUCTION

CHAPTER TWO: HISTORICAL DEVELOPMENT OF THE CONCEPT OF VICARIOUS LIABILITY

CHAPTER THREE: GENERAL PRINCIPLES GOVERNING THE DOCTRINE OF VICARIOUS LIABILITY 

CHAPTER FOUR: CLASSES OF LIABILITY

CHAPTER FIVE: SUMMARY, CONCLUSION AND RECOMMENDATIONS