AN APPRAISAL OF THE CONCEPT OF VICARIOUS LIABILITY IN NIGERIA

Abstract

The term vicarious liability refers to instances where the law holds one person responsible for the misconduct of another although he is himself not a party to the act. This principle law over the years have been subject to criticism particularly with the difficulty in determining the type of relationship that creates liability. With the diverse forms Of employment relationships as the determinant factor as to how to create liable under this tort is not quite clear, thereby creating more problems for the judicial system. This paper therefore attempts to critically examine vicarious liability within the Nigerian context with the view to identifying the problems in terms of application. The paper contends that there is need for legal reform in order to provide a permanent solution to this problems particularly in Nigeria.