EXAMINING THE CONCEPT OF VICARIOUS LIABILITY IN LABOUR RELATED MATTERS IN NIGERIA

Abstract

This research work analyzes the incidence of vicarious liability and its effect on all contracts of employment. The concept of employers� liability has from time immemorial been accepted into the common law system of jurisprudence as a standing principle. The concept has it that the master should be held liable for the acts of his servant. These acts include acts not authorized by the master. This rationale behind this principle is that the servant simply acts on behalf of master and so should not be held responsible. However, this position has brought about negligence on the part of the servants. The courts of England had entertained various situations in which such negligent servants may be held liable, jointly and severally, alongside their employers. Modern evolution of law has evolved to include other aspects of faults for which the employee can be held personally liable. This research work recommends that in application, the principle of vicarious liability should not shift from its original position so as to ensure a better condition of service and safety for workers. This research concludes that notwithstanding the instances provided by the common law courts in which the concept of vicarious liability may be partially waived, the onus of liability should principally lie on the employer for the torts of his employee.

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urn:uuid:a15c81e2-765e-45cb-9519-b11ee3f11964