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Vicarious Liability

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Vicarious liability is the liability of one person for the conduct of another person. Vicarious liability is the liability of a superior for the conduct of a subordinate. Thus, vicarious liability is the liability of one person usually a subordinate such as the liability of an employer for the conduct of an employee in the course of employment.

Vicarious liability is a liability of one person for the acts and omissions of another person. Because of the relationship that exists between them usually that of master and servant, principal and agent, employer and contractor, superior and subordinate etc. It is a situation where one person is liable for the conduct, or tort of another person, because of a relationship exiting between him and the wrongdoer.

Vicarious liability is the responsibility of a master for the primary liability established against his servant, agent or subordinate for a tort, committed by such a subordinate in the course of employment.

In instance of vicarious liability, a master is said to be jointly and severally liable with the subordinate for the wrongful act of the subordinate.

Relationship That Produce Vicarious Liability

Diverse kinds of relationship may produce vicarious liability. However, the types of relationship where vicarious liability commonly arise include; Master and servant, otherwise known as employer and employee relationship including borrowing a servant. The second one is employer and independent contractor and casual agency, that is casual delegation.

Reason Why a Superior Should Answer For An Inferior.

Nevertheless, the directive of Vicarious liability appears unfair and runs contrary to the principles of liability in toot which that; a person is only liable for the loss or damages resulting from his own acts and omission and a person should only be liable when he is at fault.

But, the doctrine of vicarious liability is a convenient and a justified way of handling the lost of a servant, committed in the course of employment. The vicarious liability as essentially a liability based on social policy, that a superior should be liable for foots committed by a servant in the master’s business, that is, in the course of employment. Some of the reasons why the superior or master should answer for the test of the servant are; the superior established, ordered or ratified the business activity in which the tort was committed. Secondly the profit or benefit of the business, assignment, activity or act, usually goes to the superior and he generally exercises control over his employee.

Thirdly he dictates the directions of the business or assignment. Fourthly, he chooses and appoints the employs or agents and he out to compensate the victim of the tort of his employee or agent.

Again, a company or business acts through its employees. The employee is identified with the Employer Company or group. The act of the employer act through the servants.

Therefore, the employer should be responsible for the act of the servant based on the principles of low that ‘he who does anything through another does it himself another does it himself.

More so, the superior has greater ability to pay damages for the tort of the servant, and often the superior has visible or tangible property on which execution can be levied in satisfaction of a judgment debit owed to the plaintiff. The principle of vicarious liability is to encourage an employer to ensure proper management and supervision of his employees.

However, in order not to suffer much loss in the area of vicarious liability and hamper economic activities, it is advisable for an employer to insure against acts which may be committed by a servant in the course of employment. Then the cost of insurance is put on the goods and services which he offers to the public. In this way, the effect of any loss is spread over a large section of the community and the employer to enable to pay damages without difficulty and the victim of the tort is satisfied.

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Law/Judiciary

Five Feared Killed In Fresh Kaduna Attack

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A Sunday evening attack by gunmen on Unguwan Magaj community in Kauru Local Council of Kaduna State may have left four indigenes dead and 36 homes torched.
But the bravery of the youths reportedly led to the death of one of the attackers and confiscation of his handset.
Useful information was said to have been retrieved from the phone that had allegedly been handed over to the police.
In a statement yesterday, the National Public Relations Officer of the Southern Kaduna Peoples Union (SOKAPU), Luka Biniyat, said: “The invaders, who came by 6:45 pm yesterday (Sunday) from behind the hills that serve as the boundary of Kaduna State and Ganawuri, Plateau State, were numbered over a 100.
“They attacked from four flanks, causing pandemonium among unsuspecting villagers as the youths tried to fend them off.”
He continued: “After about 30 minutes of violence, the following were unfortunately killed: Mrs Hanatu Joseph, 58, mother of five children; Mrs Sarah Sunday, 40, she left behind her husband and six children.
“The others are: Mrs Dije Sajay, 55, married with six children; and Mr Sunday David, 47, married with seven children. He was a retrenched civil servant.”
He noted: “The attackers targeted food stores and bans of grains, making sure they burnt as much as they could. This is to ostensibly cause starvation, especially under this lockdown from the Coronavirus.
“Police and soldiers came into Unguwan Magaji only this morning (yesterday) around 9 am and saw the corpse of the dead herdsman, which they later took away.”
Besides, Biniyat said: “Early this month yesterday, Ibrahim Atiga, 42, a native of Unguwan Magaji, was killed by herdsmen on his way to the farm. He has since been buried.”

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COVID-19: Nigerian Correctional Service Receives 2nd Batch Of PPE

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The Nigerian Correctional Service (NCoS), Lagos State Command, yesterday said the state government had released the second batch of Personal Protective Equipment (PPE) to the service.
The Spokesman of the command, Supt. Rotimi Oladoku, made this known in an interview with newsmen in Lagos.
The Tide reports that the items donated were hand gloves, face marks, inferred thermometers and sanitisers.
Oladokun said the gesture was part of the preventive measures taken by the state government, especially at custodial centers, to contain the spread of the virus.
“The first set of the PPE was released to the command on March 27 and the command also received the second bath on April 20,” he said.
According to Oladokun, the Lagos State NCoS Controller, Mr Sam Iyakoregha, received the items on behalf of the Controller-General of NCoS, Ahmed Ja’afaru.
“The NCoS thanks the Lagos State government for this tremendous support. The NCoS is well positioned to prevent COVID-19 in the custodial centres,” he said.

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I’ll Give Special Attention To Respect For Citizens’ Fundamental Rights – CP …Citizens Set Agenda For Him

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The new Rivers State  Commissioner of Police, Mr Joseph Mukan has said that he would give special  attention to  respect for citizens’ fundamental human rights in the state.
This was contained in a statement issued by the  Public Relations Officer of the Rivers State Police  Command, DSP Nnamdi Omoni and made available to newsmen last Monday in Port Harcourt .
The statement said that Mr Mukan would rekindle the people’s confidence in the police and as well reposition the command for efficiency and productivity.
According to the statement, the new Police Commissioner would be expected to work with humility and integrity as part of efforts to command a better police force in the state.
It further revealed that the Rivers police boss has an impeccable track record in crime fighting, thus the trust to make good his promises.
The Rivers State Commissioner of Police, however, through the statement, solicited for cooperation in terms of information sharing from the people in order to help the command to serve them better.
Meanwhile, some members of the public have called on the new Police Commissioner to remain neutral and face his primary assignment of policing.
A Port Harcourt-Based lawyer, Emperor Nnaoma, who spoke in an interview with The Tide , yesterday, said Mr Mukan must pay priority attention to his core mandate of crime fighting, if he wants to succeed in the state.
Nnaoma, recalled that previous Commissioners of Police who went outside their major task never ended well in the state.
In his view, the Eze Oha Evo III of Evo Kingdom, King Leslie N Eke, said the Commissioner should make out time to check the activities of some of his men who allow themselves into chieftaincy issues in the communities.
The Eze Gbakagbaka/Nyerisi Eli Woji, said that such interference has divided the attention of some police officers in the state as they are always tempted to dance to the tune of their pay masters.

 

By: King Onunwor

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