THE CONCEPT OF VICARIOUS LIABILITY UNDER THE NIGERIAN LAWS: AN OVERVIEW

ABSTRACT Vicarious Liability is an interesting concept in the law of tort. However, it has been riddle with problems which has cast some doubts in the minds of many as to the rationale behind the doctrine. The application of the doctrine maybe described as actuated by necessity rather than desirability. People have wondered whether there is wisdom in a principle that makes one liable for the acts or omissions of another. In the past, when slaves or servants committed crimes, the owner was totally responsible according to common law. This developed into a new claim where the master’s permission or direction was necessary for culpability. This was evident when the feudal system collapsed. This is justified by the maxim Qui facit per alium facit per se. Thus, The aim of this project is to provide an overview of the concept of Vicarious Liability under the Nigerian laws. The research thus takes into account the following objectives. It will identify the statutory provisions for the doctrine of vicarious Liability in Nigeria. In addition, it will examine judicial interpretations of the doctrine of vicarious liability in Nigeria. Furthermore, it will explore the limitations to the application of the doctrine of vicarious Liability in Nigeria. We will employ the doctrinal method of research in discussing the various concepts in the course of this project. We consulted a variety of sources, including primary sources such as statutes and case laws, as well as secondary sources like articles, textbooks and online sources, among others. This work primarily relies on library and internet resources to thoroughly explore the subject matter.