APPLICABILITY OF NATURAL LAW PRINCIPLES TO THE LAW OF NEGLIGENCE IN NIGERIA

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Keywords: APPLICABILITY OF NATURAL LAW PRINCIPLES TO THE LAW OF NEGLIGENCE IN NIGERIA

ABSTRACT

The essence of creation of man in any environment is to interact, relate and have dealings with each other, in these relationships, certain level of moral standards is expected to be maintained which has necessitated the need for a guiding of conduct.

Hence, the introduction of the law which is regarded as rules, and principles set out in order to streamline the activities of man with each other.

Natural law theory emphasizes that, law has a divine or supernatural origin and for human laws to be legally valid, they must conform to nature of man and dictates of reason. Human laws should stand or fall according to the dictates of the latter, just as the sun is ordained to rise from the east.

Also, as it is unavoidable that a man should interact with one another , the law of Negligence presumes the existence of a duty of care towards each other, it is however of no doubt that acts and omissions are bound to arise from such interactions which may result into unforeseen damages especially , when negligence is involved.

Thus, in the course of this work, effort will be geared towards focusing on how the natural law can be embedded into the modern law of negligence i.e the law as it is and the law as it ought to be. By so doing, a framework for harmonizing the two laws would have been provided.

TABLE OF CONTENTS.

CHAPTER 1

GENERAL INTRODUCTION

1.0.0    INTRODUCTION

1.1.0    BACKGROUND TO THE STUDY

1.2.0    OBJECTIVES OF STUDY

1.3.0    FOCUS OF STUDY

1.4.0    SCOPE OF STUDY

1.5.0    METHODOLOGY

1.6.0    LITREATURE REVIEW

1.7.0    DEFINITION OF TERMS (IF ANY)

1.8.0    CONCLUSION

CHAPTER 2

NATURAL LAW

2.0.0:  INTRODUCTION

2.1.0:  DEFINITION OF NATURAL LAW

2.3.0: HISTORY OF NATURAL LAW

2.4.0: THE NATURAL LAW PHILOSOPHERS

2.5.0    : THE RELEVANCE OF NATURAL LAW IN THE NIGERIA LEGAL SYSTEM

2.1.2: THE NATURE OF THE PRINCIPLES OF NATURAL LAW

2.2.0: NATURAL LAW AND THE POSITIVE LAWS

2.2.1: CONCLUSION

CHAPTER 3.

LAW OF NEGLIGENCE.

3.0.0:  INTRODUCTION

3.1.0    HISTORY OF LAW OF NEGLIGENCE

3.2.0: DOCTRINE OF NEGLIGENCE

3.3.0: ESSENTIAL ELEMENTS OF NEGLIGENCE

3.4.0: DUTY OF CARE

3.1.0.: BREACH OF DUTY OF CARE

3.2.0:  REASONABLE MAN’S TEST

3.3.0:  THE RISK FACTORS

3.4.0:  THE LIKELIHOOD OF HARM

3.3.3:  THE SERIOUSNESS OF THE INJURY RISKED

3.3.4    THE IMPORTANCE OR UTILITY OF THE DEFENDANT’S

CONDUCT

3.4.0: THE COST AND PRACTICABILITY OF MEASURES TO AVOID HARM

3.4.1: DAMAGES CAUSED AS A RESULT OF THE BREACH

3.4.2: PROOF OF NEGLIGENCE

3.4.3: NEGLIGENCE AND NERVOUS SHOCK

3.4.4: THE DEFENCE OF CONTRIBUTORY NEGLIGENCE

3.5.0: THE DEFENCE OF VIOLENTI NON FIT INJURIA

3.5.1: THE APPLICABILITY OF THE PRINCIPLE OF NEGLIGENCE IN NIGERIA

3.5.2: CONCLUSION

CHAPTER 4

DOCRINE OF NEGLIGENCE AND CONCEPT OF NATURAL LAW

4.0.0:  INTRODUCTION

4.1.0: THE RELEVANCY OF THE NATURAL LAW PRINCIPLE TO

THE LAW OF NEGLIGENCE

4.2.0: THE INTERWOVEN NATURE OF THE LAW OF NEGLIGENCE ANDTHE CONCEPT OF NATURAL LAW AS IT APPLIES TO NIGEERIA SITUATION

4.3.0: CONCLUSION

CHAPTER 5

CONCLUSION AND RECCOMENDATION.

5.0.0: CONCLUSION

5.1.0 RECOMMENDATION

BIBLIOGRAPHY

ARTICLES IN JOURNAL AND BOOKS

ARTICLES ON THE INTERNET

BOOKS

THESES

TABLE OF CASES

NIGERIA

·     A.G Leventis Nig. Plc v. Chief Akpu (2007) 17 NWLR 416

·     Akintunde v. Ojeikere (1971)1 NMLR 91

·     Ashiru Bakar v. Alfred Jelkh (1968)1 All N.L.R page 167

·     Karagulamus v. Oyesile (1973)3 U.I.L.R page 536.

·     Nolan v. Dental Manufacturing Co. Ltd (1958) 1 W.L.R page 936

·     UTB v. Fidelis Ozoemuna (2007) S.C pt. 29 page 14

·     UTB (Nig.) v. Ozoema (2007)3 NWLR 453

UNITED KINGDOM

·     Barnett v. Chelsea and Kessington Hospital Mgt. Committee (1969)1Q.B 428

·     Bolton v. Stone (1951)A.C 850

·     Bourhill v. Young (1942) 2 E.R 396 page 401.

·     Butterfield v. Forrester (1809), 11 East 60

·     Donoghue v. Stephenson  (1932) A.C 562

Keywords: APPLICABILITY OF NATURAL LAW PRINCIPLES TO THE LAW OF NEGLIGENCE IN NIGERIA

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Keywords: APPLICABILITY OF NATURAL LAW PRINCIPLES TO THE LAW OF NEGLIGENCE IN NIGERIA

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