APPLICABILITY OF NATURAL LAW PRINCIPLES TO THE LAW OF NEGLIGENCE IN NIGERIA 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 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 Content CHAPTER 1 GENERAL INTRODUCTION 1.0.0INTRODUCTION 1.1.0BACKGROUND TO THE STUDY 1.2.0OBJECTIVES OF STUDY 1.3.0FOCUS OF STUDY 1.4.0SCOPE OF STUDY 1.5.0METHODOLOGY 1.6.0LITREATURE REVIEW 1.7.0DEFINITION OF TERMS (IF ANY) 1.8.0CONCLUSION 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 3.1.0HISTORY 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 MANS TEST 3.3.0: THE RISK FACTORS 3.4.0: THE LIKELIHOOD OF HARM 3.3.3: THE SERIOUSNESS OF THE INJURY RISKED 3.3.4THE IMPORTANCE OR UTILITY OF THE DEFENDANTS 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 VIOLENT NON FIT INJURIA 3.5.1: THE APPLICABILITY OF THE PRINCIPLE OF NEGLIGENCE IN NIGERIA 3.5.2: CONCLUSION CHAPTER 4 DOCTRINE 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 AND THE CONCEPT OF NATURAL LAW AS IT APPLIES TO NIGERIA SITUATION 4.3.0: CONCLUSION CHAPTER 5 CONCLUSION AND RECOMMENDATION. 5.0.0: CONCLUSION 5.1.0 RECOMMENDATION BIBLIOGRAPHY ARTICLES IN JOURNAL AND BOOKS ARTICLES ON THE INTERNET BOOKS THESIS
APPLICABILITY OF NATURAL LAW PRINCIPLES TO THE LAW OF NEGLIGENCE IN NIGERIA
ABSTRACT The right to a fair hearing is one of the fundamental human rights that is recognized under article 28 of 1995 constitution of Uganda. The right to a fair hearing, like any other right to be promoted and protected throughout East Africa, especially Uganda. It is fundamentary entrusted in the hands of judicial officers and administrative... Continue Reading
ABSTRACT The study made an examination of the law on the jurisdiction of international criminal court from African cases. The research steamed from the fact that on 12 th October 2013 the African Union made a decision that no criminal charges can be brought against a sitting head of state or government. 1 Following this decision, the African Union... Continue Reading
TABLE OF CONTENTS Contents DECLARATION ................................................................... , ......................................................... i APPROVAL ................................................................................................................................... ii DEDICATION... Continue Reading
TABLE OF CONTENTS DECLARATION ....................................................................................................................... ii APPROVAL TO SUBMIT ........................................................................................................ .i ACKNOWLEDGEMENT ........................................................ Continue Reading
Financial distress prospect is a key bother to the executives and different business partners for quite some time. The impact of financial distress and bankruptcy on firms is hard to the extent of ignoring it is impossible. Financial distress is not a selective event it attacks or can happen both too big organizations and small... Continue Reading
ABSTRACT This study brought to the fore, a critical evaluation of the potentials of natural gas in the economic development of Nigeria. Natural gas option was considered the best alternative energy resource to other resources for optimizing income earning, indigent capacity building and the socio-economic development of an over populated Nigeria.... Continue Reading
ABSTRACT Development and performance analysis of compressed natural gas (CNG) as a transportation fuel for automobiles in Nigeria are presented. The study involved compositional analysis of natural gas obtained from the product sales point at a treatment plant about 10km off the Port Harcourt-Onitsha route chosen to ensure standard sales gas... Continue Reading
ABSTRACT The concept of Guerrilla marketing subsumes a set of different innovative and creative approach to marketing in today’s marketplace warfare. It aims principally at gaining large effect with a small budget through surprise and... Continue Reading
ACKNOWLEDGEMENTS v LIST OF TABLES….xi LIST OF GRAPHS .xiii ABSTRACT………xiv Abstract This is a study of the principles and guidelines that should be adopted in implementing technical education in Kaduna state. To carry out the study, four research questions and four hypotheses were formulated. To collect relevant data from... Continue Reading
ACKNOWLEDGEMENTS v LIST OF TABLES….xi LIST OF GRAPHS .xiii ABSTRACT………xiv Abstract This is a study of the principles and guidelines that should be adopted in implementing technical education in Kaduna state. To carry out the study, four research questions and four hypotheses were formulated. To collect relevant data from the target... Continue Reading