Torts Law

1. Citation. This Law may be cited as the Torts Law.

2. Interpretation. In this Law - “court” means any court, other than a customary court, by or before whom any claim falls to be determined; “damage” includes loss of life and personal injury; “fault” means negligence, breach of statutory duty, default or other act or omission which gives rise to a liability in tort or would apart from Part III of this Law give rise to a defence of contributory negligence.

3. Action maintainable where death caused by negligence. Action maintainable where death caused by negligence Whensoever the death of a person shall be caused by the fault of any other person and the fault is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable in an action for damages, notwithstanding the death of the person injured and although the death shall have been caused under such circumstances as amount in law to felony: Provided always that not more than one action shall lie for and in respect of the same subject matter of complaint and that every such action shall be commenced within three years after the death of such deceased person.

4. Action to be brought by executor or administrator for the benefit of dependants. Every such action as is maintainable by virtue of this Part shall be for the benefit of the wife or wives, husband, parent and child of the person whose death shall have been so caused and shall be brought by and in the name of the executor or administrator of the person deceased; and in every such action the court may give such damages as it thinks proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought and the amount so recovered, after deducting the costs not recovered from the defendant, shall be divided amongst the before mentioned parties in Such shares as the court by its judgment shall find arid direct: Provided that if there shall be no executor or administrator of the person deceased or that there being such executor or administrator no such action as aforesaid shall within six calendar months after the death of such deceased person have been brought by and in the name of his or her executor or administrator then and in every such case such action may be brought by and in the name or names of all or any of the person's for whose benefit such action would have been if it had been brought by and in the name of such, executor or administrator; and every action so to, be brought shall be for the benefit of the same person or persons and shall be subject to the same regulations and procedure, as nearly as may be, as if it were brought by and in the name of such executor or administrator.

5. Interpretation. (1) For the purposes of this Part - (a) the word “parent” shall include father and mother, and grandfather and grandmother, and step-father and step-mother, and the word “child” shall include son and daughter, and grandson and granddaughter and step-son and step- daughter; (b) a person shall be deemed to be the parent or child of the deceased person notwithstanding that he was only related to him illegitimately, or in consequence of adoption; and accordingly in deducing any relationship which under this section is included within the meaning of the expressions “parent” and “child” any illegitimate person and any adopted person shall be treated as being or as having been, the legitimate offspring of his mother and reputed father or, as the case may be, of his adopters; (c) in this section the expression “adopted person” means a person who has been adopted whether before or after the commencement of this Law in pursuance of an adoption order made under any statute in force in Nigeria or in any other country. (2) In this section “funeral expenses” means the reasonable expenses of the decent interment or obsequies of a deceased person but does not include the cost of the mourning of any person, or of a tombstone or memorial or of any celebrations or customary presents.

6. Assessment of damages and funeral expenses. In assessing damages in any action brought under this Part, there shall not be taken into account any sum paid or payable on the death of the deceased under any contract of assurance or damages may be awarded in respect of the funeral expenses of the deceased person if such expenses have been incurred by the parties for whose benefit the action is brought.

7. Payment into court. If the defendant is advised to pay money into court it shall be sufficient that he pays it as a compensation in one sum to all persons entitled under this Part, without specifying the shares into which it is to be divided by the court; and if the sum is not accented and an issue is taken by the plaintiff as to its sufficiency and the court shall think the same sufficient, the defendant shall be entitled to the finding of the court on that issue.

8. Assessment of liability. Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant’s share in the responsibility for the damage: Provided that - (a) this section shall not operate to defeat any defence arising under a contract; (b) when any contract or enactment providing for the limitation of liability is applicable to the claim, the amount of damages recoverable by the claimant by virtue of this section shall not exceed the maximum limit so applicable.

9. Total damages to be found and recorded. Where damages are recoverable by any person by virtue of the forgoing section subject to such reduction as is therein mentioned, the court shall find and record the total damages which would have been recoverable if the claimant had not been at fault.

10. Application of Part V when two or more persons liable. Part V of this Law shall apply in any case when two or more persons are liable or would, if they had all been sued, be liable by virtue of section 8 in respect of the damage suffered by any person.

11. Application in case of fatal accidents. When any person dies as the result partly of his own fault and partly of the fault of any other person or persons and, accordingly, if death had not ensued, the damages would be reduced under section 8, any damages recoverable in an action brought for the benefit of the dependants of that person under Part II of this Law shall be reduced to a proportionate extent.

12. Effect of pleading limitation. Where in any case to which section 8 applies one of the persons at fault avoids liability to any other such person or his personal representative by pleading any enactment limiting the time within which proceedings may be taken, he shall not be entitled to recover any damages or contributions from that other person or representative by virtue of the said section.

13. Common employment not a defence. (1) It shall not be a defence to an employer who is sued in respect of personal injuries caused by the negligence of a person employed by him that that person was at the time the injuries were caused in common employment with the person injured. (2) Personal injuries- Any provisions contained in a contract of service or apprenticeship or in an agreement collateral thereto (including a contract or agreement entered into before the commencement of this Law) shall be void in so far as it would have the effect of excluding or limiting any liability of the employer in respect of personal injuries caused to the person employed or apprenticed by the negligence of persons in common employments with him. (3) In this section the expression “personal injuries” includes any disease and any impairment of a person’s physical or mental condition and the expression “injured” shall be construed accordingly.

14. Proceedings against and contribution between joint and several tort- feasors. Where damage is suffered by any person as a result of a tort (whether a crime or not) - (a) judgment recovered against any tort-feasor liable in respect of that damage shall not be a bar to an action against any other person who would if sued, have been liable as a joint tort-feasor in respect of the same damage; (b) if more than one action is brought in respect of that damage by or on behalf of the person by whom it was suffered or for the benefit of the estate or of the wife, husband, parent or child of that person, against tort-feasors liable in respect of the damage (whether as joint tort-feasors or otherwise) the sums recoverable under the judgment given in those actions by way of damages shall not in the aggregate exceed the amount of the damages awarded by the judgment first given; and in any of those actions, other than that in which judgment is first given, the plaintiff shall not be entitled to costs unless the court is of the opinion that there was reasonable ground for bringing the action; (c) any tort-feasor liable in respect of that damage may recover contribution from any other tort-feasor who is, or would if sued have been, liable in respect of the same damage, whether as a joint tort-feasor or otherwise, so, however, that no person shall be entitled to recover contribution under this section from any person entitled to be indemnified by him in respect of the liability in respect of which the contribution is sought.

15. Proceedings for contribution. In any proceedings for contribution under this Part the amount of the contribution recoverable from any person shall be such as may be found by the court to be just and equitable having regard to the extent of that person’s responsibility for the damage; and the court shall have power to exempt any person from liability to make contribution or to direct that the contribution to be recovered from any person shall amount to a complete indemnity.

16. Extent of application. Nothing in this Part shall - (a) apply with respect to any tort committed before the commencement of this, Law; (b) affect any criminal proceedings against any person in respect of any wrongful act; (c) render enforceable any agreement for indemnity which would not have been enforceable if this Law had not been passed.

17. Interpretation. For the purposes of this Part - (a) the expressions “parent” and “child” have the same meanings as they have for the purposes of Part II of this Law; (b) the reference in section 14 to “the judgment first given” shall, in a case where that judgment is reversed on appeal be constructed as a reference to the judgment first given which is not so reversed and, in a case where the judgment is varied on appeal, be construed as a reference to that judgment as so varied.