VICARIOUS LIABILITY

• Date: 06 February 2019

(1) "The term, vicarious liability has, rightly in my view, been defined to mean the case of one person taking the place of another in so far as liability is concerned. See: Launchbury v. Morgan (1971) 2 Q.B. 245 at 252. Accordingly, in motor traffic cases, the driver of the offending vehicle may be sued together with the owner of the vehicle if it can be established that the driver was at the material time driving the vehicle in the course of and within the scope of his employment. See: William Iko v. John Holt and Co. Ltd. and Another (1957) 2 F.S.C. 50; (1957) S.C.N.L.R. 107. They need not, however, be sued together. The owner of the vehicle may properly be sued alone in his capacity as the master of the offending driver and consequently vicariously liable for the negligence of his said driver in the course of his employment." - Per Iguh, J.S.C., in Ifeanyi v. Soleh Boneh Ltd. Suit No. S.C. 74/ 1994; (2000) 12 W.R.N.1 at 38; (2000) 5 N.W.L.R. (Pt. 656) 322 at 366.

(2) "Vicarious liability has been defined in Black’s Law Dictionary, Sixth Edition at page 1566 as- "The imposition of liability on one person for the actionable conduct of another, based solely on a relationship between the two persons. Indirect or imputed legal responsibility for acts of another, for example, the ability of an employer for the acts of an employee, or, a principal for torts or contracts of an agent." - Per Fabiyi, J.C.A., in F.B.N. Plc. v. Onukwugha Suit No. CA/PH/116/96; (2005) 16 N.W.L.R. (Pt. 950) 120 at 155 - 156.

(3) "It has often been supposed that the owner of a vehicle is only liable for the negligence of the driver if that driver is his servant acting in the course of his employment. That is not correct. The owner is also liable if the driver is his agent, that is to say, if the driver is with the owner’s consent, driving the car on the owner’s business or for the owner’s purposes." - Per Madarikan, J.S.C., in Dr. C.K. Manuel v. Joseph Edevu Suit No. S.C. 533/1966; (1968) 5 N.S.C.C. 300 at 303.

(4) "The liability of the owner of a car for any damage for which the driver of the car was found to be responsible has been clearly stated by du...