Modern Approach to the Doctrine of Vicarious Liability

Abstract

Vicarious liability is a species of torts that consists in fixing an employer with liability for the tort committed by his employee while the latter is in the course of his employment. The mechanics of vicarious liability may be illustrated thus; where ‘A’ employs or engages ‘B’ to work in ‘A’s vineyard, and ‘B’ in so doing intentionally or negligently causes injury to ‘C’. ‘A’ will be liable to ‘C’ in damages for the injury inflicted by ‘B’ upon ‘C' while working for ‘A’; provided that ‘B’ would have been otherwise liable. Based on social justice and of universal acceptation, more so in common law regimes, it is adapted to the specific needs and peculiar circumstances of each jurisdiction, so that even within the same jurisdiction, though the core of the doctrine may remain unchanged, specific facts and circumstances may necessitate a variation in the interpretation of its elements by the courts, to broaden or limit liability, whichever is desirable in the circumstances. Thus, it is the need to enquire into the complexities of this legal phenomenon, respecting how it has developed, what stage it has reached, and whether it requires significant change (in Nigeria) as well as to demystify the various hypothesis inherent in the operation of the doctrine that forms the crux of this work. Finally, this work concludes that the modern approach to vicarious liability is expansive and progressive and leans towards ensuring adequate compensation to victims of torts committed by employees in the course of their employment. It recommends a broader or wider approach to the doctrine in Nigeria.