THE SCOPE AND LIMIT OF VICARIOUS LIABILITY UNDER NIGERIAN LAW: AN APPRAISAL
Abstract
ABSTRACT
This research examines the scope and limits of vicarious liability under Nigerian law. Vicarious liability is a legal principle that imposes liability on one person for the wrongful acts of another, notwithstanding the absence of personal fault. The doctrine is commonly applied in relationships such as employer-employee, principal-agent, and partnerships. The study analyzes the legal foundations, nature, and application of vicarious liability in Nigeria, with particular emphasis on the circumstances under which liability may arise and the limitations imposed by law. The research adopts a doctrinal methodology by examining statutes, judicial decisions, textbooks, and scholarly articles. Findings reveal that Nigerian courts have consistently applied the doctrine to ensure that victims of tortious acts receive adequate compensation, especially where the wrongdoer acts within the course of employment. However, liability is not absolute, as employers may escape liability where the employee acts outside the scope of employment or embarks on a personal venture. The study concludes that while vicarious liability promotes justice and accountability, its application remains subject to certain limitations and judicial interpretations. The research recommends legislative clarification and judicial consistency in determining the boundaries of the doctrine in Nigeria.
Keywords: Vicarious Liability, Employer, Employee, Tort, Nigerian Law, Liability.
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