DEFAMATION: Definition, Types, Distinctions, Vulgar Abuse (NG) – Inioluwa Olaposi
N.B. This article is particular to Nigeria. Defamation in Torts Defamation is the lowering of a person in the estimation of right-thinking members of the society. In other words, defamation is an abuse on someone’s reputation by another person. Historically, there were many defamation cases in Nigeria in the early 1960s, involving the press and different political […]
Nuisance: Definition, Public, Private, Distinction (NG) – Inioluwa Olaposi
N.B. This article is particular to Nigeria. Nuisance in Torts Nuisance in a layman’s parlance is any annoying activity perpetrated by another party. However, the tort of nuisance possesses a stricter and narrower meaning than this. In Tort, Nuisance can be said as the ‘unlawful’ interference with the enjoyment of public bliss, or of land by an […]
Trespass to Land: Definition, Scope, Remedies, Defences (NG)
N.B. This article is particular to Nigeria. Trespass to Land Trespass to Land is intentionally entering into land, remaining on land, placing or projecting any object upon land in possession of another, without lawful justification. Anyone in possession of land may maintain an action against any intruder who makes an unauthorised entry. The form of action that […]
Law of Tort: Definition, Functions, Relationship, Classifications
N.B. This article is particular to Nigeria. Law of Tort Law of tort deals with civil wrongs. The whole essence of the law of torts is founded in the law of negligence . A tort can therefore be referred to as “a civil wrong punishable by damages“. Tort is a civil wrong and a branch of civil […]
Strict Liability (Law of Tort) NG
N.B. This article is particular to Nigeria. Strict Liability Strict liability makes a person responsible for the loss or damages caused by his or her own acts and omission regardless of culpability which would normally be expressed through a Mens rea requirement. Strict liability is important in tort, corporation law and criminal law. Strict liability is the […]
Malicious Prosecution (Law of Tort) NG
The tort of malicious prosecution is committed where the defendant maliciously and without probable cause, initiates against the plaintiff a criminal prosecution which terminates in the plaintiff’s favor and which results in damage to the plaintiff’s reputation.
Deceit (Law of Tort) NG
N.B. This article is particular to Nigeria. Deceit We have seen that the rule in Hedley bryne & co V. Heller & partner Ltd, a person who makes a careless misstatement to another may be liable to that other in negligence or loss suffered as a result of reliance upon the misstatement. The tort of deceit is […]
Conversion (Law of Tort) NG
N.B. This article is particular to Nigeria. Conversion Conversion may be defined as an intentional dealing with or exercise of control over a chattel which seriously interferes with the plaintiff’s right of possession of such chattel. Conversion is similar to trespass in that it primarily protects possession rather than ownership of goods. It differs from trespass in […]
Tort of False Imprisonment (Trespass to Person) NG
N.B. This article is particular to Nigeria. Tort of False Imprisonment False imprisonment is a Total restraint of the liberty of a person for however short a time without lawful excuse. It should be noted that there need not be any actual imprisonment in the ordinary sense. In other words, imprisonment has a wider meaning because there […]
Trespass to Chattel (Law of Tort) NG
N.B. This article is particular to Nigeria. Trespass to Chattel The tort of trespass to chattel may be defined as a direct and wrongful interference with a chattel in the possession of the plaintiff, such interference being either intentional or negligent. By way of introduction, the word Tort means a wrong. A tort is any unjustifiable interference […]