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Vicarious Liability : A contrary concept to Fairness, Natural justice and Equity

Authors: TAIWO Adetayo

Publication Type: Journal article

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Abstract

A tort is an important branch of law not only in Nigeria but all over the world. It is a very unique aspect of the general law that is very close to human activities. But when a study is been conducted in the field of torts, one of the most interesting topical issue is vicarious liability. This is the main focus of this paper. The main objective is to establish why vicarious liability is a contrary concept to fairness, natural justice, good conscience and equity. Why is it that the master is responsible for the wrongs of his servant while the servant is on a particular errand or performing a duty? The wrong must have been committed while performing such official duty. The duty may be with the knowledge of the employer or based on the companyâ€™s standing order or rules laid down. Knowledge or no knowledge cannot be an excuse to dodge or escape responsibility of been vicariously liable for the wrongs in question perpetrated by the servant of the master. The employer is exempted from the wrong committed by the employee outside the purview of his duties. The independent contractor is also excluded, he bears his liability himself; the contract for service also the appointer is not vicariously liable to the wrongs of an appointee who is regarded as an independent contractor.

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TAIWO,A. . (0000). Vicarious Liability : A contrary concept to Fairness, Natural justice and Equity, 0 (), 0-0.

TAIWO,A. . "Vicarious Liability : A contrary concept to Fairness, Natural justice and Equity" 0, no (), (0000): 0-0.

TAIWO,A. and . (0000). Vicarious Liability : A contrary concept to Fairness, Natural justice and Equity, 0 (), pp0-0.

TAIWOA, . Vicarious Liability : A contrary concept to Fairness, Natural justice and Equity. 0000, 0 ():0-0.

TAIWO,Adetayo , . "Vicarious Liability : A contrary concept to Fairness, Natural justice and Equity", 0 . (0000) : 0-0.

T.Adetayo , "Vicarious Liability : A contrary concept to Fairness, Natural justice and Equity" vol.0, no., pp. 0-0, 0000.

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