LAW OF TORT. The word “tort” is derived from the latin word tortus which formerly meant twisted and has come to mean “wrong”. According to Kodilinye, in the Nigerian Law of Torts A tort is a civil wrong involving a breach of a duty imposed by law, repressible usually by an action for un-liquidated damages. […]
ASSAULT An assault means intentionally putting a person in fear of an imminent battery. It is an Attempt or offer to beat another without touching him[1]–Blackstone’s Dictionary on Private Wrongs. For there to be an assault, the following elements must be proved: The defendant made a threat. Which puts the plaintiff in fear of imminent […]
BATTERY This tort aims at protecting the bodily integrity of the plaintiff and his right to be left alone. Battery is the intentional[1] application of force to another without his consent[2]. For example, slapping someone, groping a person, e.t.c. Blackstone’s dictionary defines battery as; The least touching of another’s person willfully. Note the following principles: […]
FALSE IMPRISONMENT. – Intentional unlawful and unjustifiable detention/restraint of a person (the plaintiff). – Against his will – From all directions thus making it impossible or unreasonable to escape. In Adeyemo v. Prince Akintola; Omage J.C.A defined false imprisonment as: “The total restraint of a man’s liberty whether it be in an open field or […]
OTHER ACTS INTENDED TO CAUSE PHYSICAL OR PSYCHIATRIC HARM. (THAT IS ASIDES FROM ASSAULT, BATTERY AND FALSE IMPRISONMENT DISCUSSED IN EARLIER LECTURE NOTES) This is just like the residue of trespass to person. Where your claims cannot fall under assault, battery or false imprisonment but the act committed against you amounts to a wrongful interference […]
DEFENSES TO TRESPASS TO PERSON Self-defense or defense of property: Note that the defense/reply should be proportionate-Lane v. Holloway[1]. Lawful Authority: e.g. the police may confine a suspect. A captain of a ship may have likewise authority and restrain entry or exit if it is necessary for the safety of the ship. Parental Authority: Section […]
INTERFERENCE WITH GOODS/CHATTEL. From the preceding lectures, you would have gotten an understanding of assault, battery and false imprisonment. These are personal torts or torts interfering with a person. Now we move on to torts interfering with goods/chattel. The torts under this head include (but are not limited to); conversion, detinue, trespass to chatterl per […]
CONVERSION The wilful, unlawful and unjustified interference with the chattel of another thus depriving the plaintiff of his right to use, possess and enjoy his property. In criminal law, it is called theft. May take many forms or means like taking, (wilful) wrongful delivery, transfer, disposal, destruction, and so on. See North Central Wagon and […]
DETINUE. The unlawful detention of chattel of another person who has a right of immediate possession to it. Refusal to return it upon demand by the owner who is in immediate possession of the property. The Interference Of Goods Act UK now merges detinue with conversion. In Nigeria, it still exists as a separate tort. […]
TRESPASS TO CHATTEL PER SE Under this one, all that needs to be shown is that the defendant willfully[1] interfered with the chattel in possession[2] of the plaintiff[3]. The defendant need not take the goods away. See Davies v. Lagos City Council. Ogiugo and Sons v. Cop, **Fouldes V. Willoughby. In Gwk V. Dunlop Rubber […]
DEFENSES TO INTERFERENCE TO GOODS. The defenses are not watertight as they sometimes spill over to the next. Jus tertii: the defendant can plead and establish that he is acting on behalf of a disclosed person with a better title than that of the plaintiff. The identity of the person with a better title must […]
