THE LAW OF TORT IN NIGERIA (2015) by Aboaba Omotesho

1,500.00

“The book, in each of its fifteen chapters, very clearly identifies the policy or theme which the Tort issue discussed seeks to control and the rules developed by Common Law Equity, Case Law and Statute to achieve it. It is a brilliant new way to render the subject more lucid and simpler and the rules more easily comprehensive.” Professor Charles legbune, Professor of Law, University of Abuja

Contents

PART I: GENERAL INTRODUCTION

1. THE NATURE OF TORT

  • The historical foundation of tort
  • Conditions of liability in tort
  • The evolution of fault element in tort
  • Is there a general principle of liability in tort?
  • Distinction between tort and other legal concepts

2. GENERAL EXEMPTIONS FROM TORTIOUS LIABILITY

  • Statutory authority
  • Defence of limitation
  • Defence of consent
  • Inevitable accident
  • Defence of necessity

3. PARTIES TO AN ACTION IN TORT

  • Who can sue?
  • Who can be sued?

PART II: SPECIFIC TORTS

4. TRESPASS TO THE PERSON

  • Assault
  • Battery
  • False imprisonment
  • Defences that could be raised in cases of trespass to the person

5. TRESPASS TO LAND

  • By unlawful entry
  • By remaining on land
  • By wrongful placing of things on land
  • The concept of trespass ab initio
  • The concept of continuing trespass
  • Defences to trespass to land
  • Remedies

6. NEGLIGENCE

  • Analysis of the essential ingredients
  • Duty of care
  • Breach of duty of care
  • Damage
  • Defences to negligence

7. OCCUPIER’S LIABILITY FOR DANGEROUS PREMISES

  • Highlights and innovations of the English Statute
  • The position of trespassers
  • Defences

8. EMPLOYER’S LIABILITY IN INDUSTRIAL ACCIDENTS

  • Common law position
  • Statutory duties of an employer

9. WRONGFUL INTERFERENCE WITH GOODS

  • Trespass to chattel
  • Conversion
  • Detinue
  • Differences between conversion and detinue

10. NUISANCE

  • Public nuisance
  • Private nuisance
  • Who can sue for private nuisance?
  • Who can be sued for private nuisance?
  • Remedies
  • Defences

11. MALICIOUS PROSECUTION

  • Initiation of legal proceedings
  • Termination of case in favour of the accused/plaintiff
  • Lack of reasonable and probable cause
  • Malice
  • Damage

12. STRICT LIABILITY TORTS

  • Liability under the rule in Rylands v. Fletcher
  • Essential ingredients of the rule in Rylands v. Fletcher
  • Liability for animals

13. LIABILITY FOR STATEMENTS

  • Defamation
  • Elements of defamation
  • Defences
  • See the following decisions on defamation
  • Deceit
  • Injurious falsehood
  • Remedies

PART III: MISCELLANEOUS ISSUES

14. PASSING OFF

  • Fatal accident claims
  • Desired changes/reforms

15. VICARIOUS LIABILITY

  • Who is a servant for the purposes of vicarious liability?
  • What is the meaning of course of employment?
  • Liability for the tort of independent contractors
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Description

ABOUT THE AUTHOR

Aboaba Omotesho, a lawyer, taught at Obafemi Awolowo University and University of Abuja. He subsequently joined the National Judiciary Institute where he recently retired as a director. He is currently in private practice.

Additional information

ISBN

978-978-02320-8-7

PAGES

155

PUBLISHER

Malthouse Press, Nigeria

FORMAT

Paperback

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