DEFENCES TO TORTIOUS LIABILITY UNDER NIGERIAN LAW
DEFENCES TO TORTIOUS LIABILITY UNDER NIGERIAN LAW
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Date
1998-04
Authors
MUFTAU, RUFAI
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Abstract
The choice of this topic is apt and timely, in
view of the functions and roles which the topic
plays in the modern day Nigeria.
In any given society, Nigeria inclusive, laws are
often made to regulate certain conducts and behavioural
attitudes of the people. Each individual has to conduct
himself within certain a standard of behaviour.
An individual has certain rights which others
must respect, and vice versa. But where these rights
are infringed upon, an aggrieved party seek" redress in
a competent law court. And the essence of this is to
ensure peace and harmonious relationship in the society.
However, a person who has been sued on an alleged
wrong may have legal defence(s) in law so as to escape
from tortious liability. such defence(s) may be invoked
as a partial or tota1 negation from tortious liability.
On this premise, it is the aim of this research
work to analyse and examine certain situations under
which these defences can be invoked in a law court with
a view to escape from tortious liability.
This research work is comprised of six chapters,
namely;
Chapter one consists of introduction and forms of
tortious liability.
Chapter two will analyse and examine situations
where the plaintiff's conduct and action at the relevant
time, which has caused the alleged tort in question.
The aim of this is to see whether they can be used as a
defence in law or not.
three pertains to necessity as a defence.
Under this chapter, the wrong is neither caused by the
plaintiff nor the defendant. Rather, it is caused by
events which are beyond the control of both the plaintiff
and the defendant.
Chapter four will merely discuss certain
defences which have been used and invoked as likely
defences to a tort of defamation.
Chapter five will discuss eome other defences
which can be successfully raised in any tortious
actions.
Chapter six, which is the last chapter of this
work will be the concluding part of the whole thesis;
making observations and suggestions for future reforms
of the law.
Description
A PROJECT SUBMITTED TO THE POST GRADUATE SCHOOL, ZARlA
IN PARTITIAL FULFILMENT OF THE REQUIREMENT FOR THE AWARD OF
THE DEGREE OF MASTERS IN LAW (LL.M) OF AHMADU BELLO
UNIVERSITY, ZARIA, 1997/98 SESSION.
APRIL, 1998
Keywords
DEFENCES,, TORTIOUS,, LIABILITY,, UNDER,, NIGERIAN,, LAW,