UNIT 1

GENERAL INTRODUCTION

The law of torts is a branch of civil law concerned with redressing wrongs that one party suffers due to the actions or omissions of another. Torts can encompass a wide range of issues, including personal injury, property damage, defamation, and negligence. The primary objective of tort law is to provide remedies to individuals who have suffered harm by imposing liability on those responsible for causing the injury.

AN OVERVIEW OF THE LAW OF TORTS

The law of torts revolves around the concept of obligations and duties owed by individuals towards others. When these duties are breached, and harm results, the injured party can seek compensation. Torts are categorized into three main types which are intentional torts, negligence, and strict liability torts.

1. Intentional torts: These occur when an individual deliberately causes harm to another. Examples include assault, battery, false imprisonment, and defamation.
2. Negligence: This is the failure to exercise reasonable care, resulting in unintentional harm. The classic example is a car accident caused by a driver's carelessness.
3. Strict liability torts: In these cases, liability is imposed regardless of fault. Common examples include liability for defective products and abnormally dangerous activities.

THE RECEPTION OF THE LAW OF TORTS IN NIGERIA

The law of torts in Nigeria has its roots in English common law, introduced during the colonial period. Upon gaining independence, Nigeria retained much of the English legal framework but has since adapted it to fit its unique context. The reception of English law is governed by the Interpretation Act, which stipulates that common law, doctrines of equity, and statutes of general application that were in force in England as of January 1, 1900, apply in Nigeria. See the case of Egbe v. Adefarasin (1987) 1 NWLR (Pt. 47) 1 which reaffirmed the application of English common law principles in Nigeria, provided they are not inconsistent with Nigerian statutes or customs.

THE PRINCIPLES OF LIABILITY IN TORT

The principles of liability in tort are foundational concepts that determine when an individual can be held responsible for harm caused to another. These principles include the following:

1. Duty of care: this is where a defendant must owe a duty of care to the plaintiff. This means the defendant was expected to act in a manner that would avoid causing harm to the plaintiff. See the case of Donoghue v. Stevenson (1932) AC 562 (UK) which is often cited in Nigerian courts and it established the 'neighbour principle,' which is crucial in determining duty of care.
2. Breach of duty: this is where the defendant must have breached this duty by failing to act as a reasonable person would under similar circumstances. See the case of Kuye v. Nnacheta (1967) NMLR 85 which discussed the standard of care expected in specific circumstances, highlighting what constitutes a breach of duty.
3. Causation: this is where there must be a causal link between the defendant’s breach of duty and the harm suffered by the plaintiff. This involves proving both factual causation ('but-for' test) and legal causation (proximity and remoteness of damage). See the case of Okonkwo v. Ogbogu (1996) 5 NWLR (Pt. 449) 420 where the court addressed the issue of causation, emphasizing the need to establish a direct link between the defendant’s action and the plaintiff’s injury.
4. Damage: this is where the plaintiff must have suffered actual harm or loss as a result of the breach. This can include physical injury, property damage, or financial loss. See the case of Igbokwe v. University College Hospital Board of Management (1961) All NLR 425 which illustrated the necessity for the plaintiff to prove actual damage or loss resulting from the defendant's actions.

OTHER PRINCIPLES OF LIABILITY IN THE LAW OF TORT

Beyond the basic principles, there are other important aspects of tort liability that are particularly relevant in Nigeria and they include the following:

1. Vicarious liability: This principle holds an employer or principal liable for the tortious acts of an employee or agent committed in the course of employment. See the case of Adefarasin v. Dayekh (2007) 11 NWLR (Pt. 1044) 89 where the court examined the scope of vicarious liability and the conditions under which an employer can be held responsible for the actions of an employee.
2. Strict liability: In certain situations, this is where a defendant can be held liable without proof of negligence or intent to harm. This is common in cases involving abnormally dangerous activities or defective products. See the case of Obasanjo Farms (Nig.) Ltd. v. Muhammad (2016) LPELR-40199 (CA) which discussed the application of strict liability principles in Nigerian law, particularly in relation to environmental hazards.
3. Defenses to tort claims: Defendants can invoke several defenses to mitigate or avoid liability, including contributory negligence, consent (volenti non fit injuria), and necessity. See the case of Adimora v. Ajufo (1988) 3 NWLR (Pt. 80) 1 which addressed the defense of contributory negligence, where the plaintiff's own negligence contributed to the harm suffered.
4. Remedies in tort: The primary remedy in tort is damages, which are monetary compensations awarded to the injured party. Damages can be compensatory (to cover actual loss), punitive (to punish the defendant), or nominal (symbolic recognition of a legal wrong). See the case of Ransom v. Mfon (2014) LPELR-22694 (CA) which provided insights into the awarding of damages, distinguishing between compensatory and punitive damages in Nigerian tort law.

CONCLUSION

The law of torts in Nigeria is a complex and evolving field that balances the need to compensate victims of wrongs with the necessity of not unduly burdening defendants. Rooted in English common law, it has been adapted to meet the specific needs and circumstances of Nigerian society. Understanding the principles of liability, the reception of tort law in Nigeria, and the available defenses and remedies is crucial for navigating this area of law effectively.