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Vicarious liability

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On the choice of the injured regarding who to sue in a case of vicarious liability, The Master or Servant?

Being joint tortfeasors, the person injured is at liberty to sue any one of them separately or may sue both jointly, their liability being joint and several.

IFEANYICHUKWU (OSONDU) CO LTD v. SOLEH BONEH (NIGERIA) LTD LGC(10/3/2000) F

On, Nature Of Liabilities Of Both Master And Servant With Regards To Tort Committed By The Servant

The law regards both master and servant as joint tortfeasors

IFEANYICHUKWU (OSONDU) CO LTD v. SOLEH BONEH (NIGERIA) LTD LGC(10/3/2000) F

On, Whether A Master Is Answerable For Every Wrong Of His Servant?

The next point I need make is that the master is answerable for every wrong of the servant as is committed in the course of his employment.

IFEANYICHUKWU (OSONDU) CO LTD v. SOLEH BONEH (NIGERIA) LTD LGC(10/3/2000) F

On, What The Plaintiff Must Prove In Order To Succeed In A Case Of Vicarious Liability

In summary, to succeed against a master the plaintiff must:-
1. establish the liability of the wrongdoer, and prove:-
2. that the wrongdoer is a servant of the master and
3. that the wrongdoer acted in the course of his employment with the master.

IFEANYICHUKWU (OSONDU) CO LTD v. SOLEH BONEH (NIGERIA) LTD LGC(10/3/2000) E

Whether the Act of a company's employee, amounts to the Act of the company

The general principle of law which has its roots in the earliest years of the common law is that a master is liable for any wrong even if it is a criminal offence or a tortious act committed by his servant while acting in the course of his employment.

IFEANYICHUKWU (OSONDU) CO LTD v. SOLEH BONEH (NIGERIA) LTD LGC(10/3/2000) D

Whether the Act of a company's employee, amounts to the Act of the company

Where a company is said to have done an act, by the very fact of a company not being a human being, it can only do the act through its human agents or servants. Where the said agent or servant has committed an act the company may rightly be said to have committed the act since in law, by the principle of vicarious responsibility, the act of the agent or servant is the act of the company. The evidence by which the act is to be proved against the company will be the conduct of the agent or servant.

JAMES V. MID-MOTORS NIGERIA CO. LTD LGC(17/11/1978) N

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