DEFENCES TO TORTIOUS LIABILITY UNDER NIGERIAN LAW

By

Author

Presented To

Department of Law

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.