Skip to main content

Vicarious liability and it's application

  • Vicarious liability refers to a situation where someone is held responsible for the actions or omissions of another person. In a workplace context, an employer can be liable for the acts or omissions of its employees, provided it can be shown that they took place in the course of their employment.
  • Vicarious liability is a form of a strictsecondary liability that arises under the common law doctrine yof agencyrespondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability because, unlike contributory infringement, knowledge is not an element of vicarious liability.The law has developed the view that some relationships by their nature require the person who engages others to accept responsibility for the wrongdoing of those others. The most important such relationship for practical purposes is that of employer and employee 
  • Employers' liabilit:
  • Employers are vicariously liable, under the respondeat superior doctrine, for negligent acts or omissions by their employees in the course of employment (sometimes referred to as 'scope and course of employment').To determine whether the employer is liable, the difference between an independent contractor and an employee is to be drawn. In order to be vicariously liable, there must be a requisite relationship between the defendant the tortfeasor, which could be examined by three tests: Control test, Organisation test and Sufficient relationship test. An employer may be held liable under principles of vicarious liability if an employee does an authorized act in an unauthorized way.
  • Employers may also be liable under the common law principle represented in the Latin phrase, qui facit per alium facit per se (one who acts through another acts in one's own interests). That is a parallel concept to vicarious liability and strict liability, in which one person is held liable in criminal law or tort for the acts or omissions of another.
  • The owner of an automobile can be held vicariously liable for negligence committed by a person to whom the car has been lent, as if the owner was a principal and the driver his or her agent, if the driver is using the car primarily for the purpose of performing a task for the ow
  •  
  • ner. Courts have been reluctant to extend this liability to the owners of other kinds of chattel. For example, the owner of a plane will not be vicariously liable for the actions of a pilot to whom he or she has lent it to perform the owner's purpose.
  • One example is in the case of a bank, finance company or other lienholder performing a repossession of an automobile from the registered owner for non-payment, the lienholder has a non-delegable duty not to cause a breach of the peace in performing the repossession, or it will be liable for damages even if the repossession is performed by an agent. This requirement means that whether a repossession is performed by the lienholder or by an agent, the repossessor must not cause a breach of the peace or the lienholder will be held responsible.


Comments

Popular posts from this blog

NBA Anaocha Branch Honours Okey Wali, SAN with Hall Naming Recognition.

NBA Anaocha Branch Names Hall After Okey Wali, SAN The (NBA), Anaocha Branch (Family Bar), has resolved to name its main meeting hall after the 26th President of the Association, . This decision was reached during the Branch’s monthly general meeting, where members unanimously approved the naming of the hall as “Hon. Okey Wali, SAN Hall of Honour.” The honour is in recognition of Okey Wali, SAN’s outstanding contributions to the legal profession, as well as his enduring support and commitment to the growth and unity of the Nigerian Bar, particularly the Anaocha Branch. According to the Branch, the resolution reflects deep appreciation for his legacy of service, leadership, and dedication to the advancement of justice and the rule of law. The formal naming and commissioning of the hall will take place during the Branch’s 2026 Law Week , scheduled to commence on May 8, 2026 . The event is expected to attract members of the Bar, senior advocates, and key stakeholders wi...

OTU OKA-IWU ABUJA SETS AGENDA ON RESTORATIVE JUSTICE REFORMS

In a continued effort to deepen legal discourse and professional development among its members, Otu Oka-iwu Abuja (the association of Igbo lawyers in the Federal Capital Territory) has announced its forthcoming general meeting, scheduled to hold on Friday, 22 May 2026. The meeting, which will take place at Hall 3, Novare Shopping Complex, Wuse Zone 5, Abuja, is expected to convene a distinguished gathering of learned seniors and colleagues within the legal profession. Proceedings will commence promptly at 4:00 PM, with Chief Okechukwu Ajunwa, SAN, graciously serving as host. A major highlight of the meeting will be the association’s Learning Series, designed to promote continuous legal education and engagement with emerging trends in jurisprudence. This edition will feature Mrs. Miriam Komboh-Eze, Director of the Restorative Justice Centre, Abuja Multi-Door Courthouse (AMDC), who will deliver a thought-provoking presentation on the theme: “Restorative Justice...

The First Major Casualty of Section 83 of the Electoral Act 2026 May Have Emerged

The recent decision of the Federal High Court in Fubara Dagogo v. All Progressives Congress (APC) & 3 Ors., Suit No. FHC/ABJ/CS/591/2026 delivered by Justice Joyce Abdulmalik, represents a significant development in Nigeria’s pre-election jurisprudence. In that case, the court struck out the suit challenging the APC National Congress and proceeded to award punitive costs of ₦10 million each against the plaintiff, Mr. Fubara Dagogo, and his counsel, Chief Sir O.A.U. Onyema, for what the court considered a frivolous and non-justiciable action. The court held that the dispute arose purely from the internal congress and nomination processes of the political party and therefore fell outside the jurisdiction of the court by virtue of Section 83(5) of the Electoral Act 2026.  Justice Abdulmalik maintained that there was no allegation or proof of any breach of the Constitution, the Electoral Act, or the party’s constitution and guidelines capable of warranting judicial inte...

FORMER PRESIDENT GOODLUCK JONATHAN, TOP JUDICIAL OFFICERS, NBA PRESIDENT, OTHERS TO GRACE 2026 UNITY BAR LAW WEEK OPENING CEREMONY

The Nigerian Bar Association, Abuja Branch (Unity Bar), is set to host an array of distinguished personalities at the Opening Ceremony of its 2026 Law Week, with former President of the Federal Republic of Nigeria, , confirmed as the Special Guest of Honour. The highly anticipated event is also expected to witness the attendance of the Honourable Chief Judge of the Federal Capital Territory High Court, Justices of the Court of Appeal, the President of the Nigerian Bar Association, as well as several eminent jurists, senior lawyers, public office holders and other notable dignitaries from across the country. In view of the calibre of personalities expected at the event and the accompanying security arrangements, members of the Branch have been advised to be seated at the venue on or before 1:30pm, ahead of the arrival of the former President who is expected to be seated by 1:45pm. According to a statement issued by the Publicity Secretary of the Branch, Zacchaeus Akubo, ...

Section 83 and the Myth of Judicial Silence in Party Politics

The recent assertion by my brother, Festus Okoye Esq, that lawyers have become scapegoats in internal party conflicts owing to their recourse to the courts calls for careful constitutional and judicial interrogation. At the centre of this debate lies Section 83 of the Electoral Act 2026, particularly the suggestion that it absolutely ousts the jurisdiction of the courts over the internal affairs of political parties. With the greatest respect to lawyers who are holding this view, that broad interpretation may appear overstretched and not constitutionally sustainable. Section 83(5) of the Electoral Act, read in isolation, appears to bar courts from entertaining disputes relating to party internal issues absolutely.  On a literal reading, it suggests a legislative intent to shield political parties from judicial scrutiny. That may not absolutely be true. Such a construction ignores a foundational principle of Nigeria’s constitutional order, which is the fact that...

Justice Delivery and Prevailing Conflicting Judgments: An Imperative for Urgent Judicial Reforms

I had the rare  privilege of participating as a panelist at the Biennial Law Week of the Nigerian Bar Association, Anaocha Branch, Anambra State this weekend,  where distinguished Professors of Law, Justices of various courts, Senior Advocates of Nigeria, and legal scholars gathered to interrogate one of the most pressing challenges confronting the Nigerian judiciary today: "the growing menace of conflicting judgments and the urgent need for judicial reforms". The topic was not only timely but fundamental to the survival of public confidence in the administration of justice. A judiciary that speaks with contradictory voices weakens the rule of law, undermines democratic stability, and erodes citizens’ faith in the courts as impartial arbiters of justice. Conflicting judgments occur when courts of coordinate jurisdiction issue inconsistent decisions on the same subject matter, thereby creating uncertainty and confusion in the legal system. Unfortunately, this distu...

Courts and their jurisdiction.

There are different types of courts in Nigeria. Each of them has its own functions. So, what are the hierarchy of courts in Nigeria? Let's find this out together. Actually, courts in Nigeria are renowned and recognized as the hallowed chambers of jurisdiction, where candid justice is meted out to all and sundry, without favoritism, sentiment, emotion, or being unnecessarily involved in crass legalism. What is more, we do not only have courts of law but courts of equity as well. The Nigerian Constitution divides the government’s structure into three branches – the legislative, executive, and judiciary. According to the Section 6 of the 1999 Constitution, judicial powers are vested in the courts. Courts are authorized by law to exercise jurisdiction at first instance, and on appeals in all proceedings and actions relating to matters between people, or between government/authority and any person in Nigeria. It is also aimed at defining any question as to the civil rights a...

Governor Ifeanyi Ugwuanyi Takes Every Measure To Ensure The Safety Of The People Of Enugu Over the Sudden Rise Of Spread Of Covid 19 In The State.

Enugu constitutes medical committee on de-escalation of coronavirus. Gov. Ifeanyi Ugwuanyi Gov. Ifeanyi Ugwuanyi has approved the constitution of an ad-hoc Expert Medical Advisory Committee on urgent and effective measures for de-escalation of COVID-19 pandemic in Enugu State. Newsmen report that the setting up of the committee followed the recent spike of COVID-19 cases from 76 to 144 within few days in the state. The Secretary to the State Government, Prof. Simon Ortuanya, in a statement on Tuesday, said that the committee was set-up by Gov. Ugwuanyi as recommended by the state chapter of the Nigeria Medical Association (NMA). Ortuanya said that the committee would engage with leaders of various religious groups, market associations, professional associations, labour unions, National Union of Road Transport Workers, Association of Tricycle Riders Transport Union, Civil Society Organisations, the private sector and other relevant stakeholders. “The committee will recommend urgent and...

The Reflection On The Teaches Of Christ

Brethren it is not enough to think we love God by mere attending church service or holy mass,yet we are involved in  lying, sexual immorality, hatred and pervert acts Such words should not be found nor mentioned amongst us, see -Ephesians 5 :3.  Any one who continues to live in such flesh or sin will be doomed. Ephesians 5:5. The word of God made it clear for us that if you must serve God be ready to put to end your oldselves ie giving away everything that hinders us from serving God and follow him. Ephesians 6 :11 Do not comform yourselves to the standard of this world, instead, let God transform you inwardly by a complete change of your mindset. Romans 12:2 You must love christ more than you love yourself or your friends nor loveones. "Anyone who loves their father or mother more than me is not worthy of me; anyone who loves their son or daughter more than me is not worthy of me. Matthew 10 :37 If you love christ you must be ready to abandon all your "ago", wealth ...

Importance of Incorporation and Registration of Names.

IMPORTANCE OF REGISTRATION OF  BUSINESS NAME  AND INCORPORATION OF COMPANIES IN NIGERIAN COPORATE AFFAIRS COMMISSION.  THE THINGS YOU NEED TO KNOW AND THE STEP TO TAKE TO REGISTER A BUSINESS ORGNIZATION IN NIGERIA.  Requisition to make before entering or carrying out incorporation.  1.What kind of business organization do you what to operate? 2.What is the size of the business organization you intend to run.  3.What is the risk and scope of the liability of the organization?  4.Is the business profit oriented? 5.is the profit made for the charity organization?  6.Are there restrictions on the name intended to be used?  7.what is object of the intended organization. A: A business name is the name which a business trades under for commercial purposes. A business does not actually begin by formulating a business plan or opening a bank account. It starts from choosing a name. There is more to business name than just identity. A good...