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APPLICABILITY OF NATURAL LAW PRINCIPLES TO THE LAW OF NEGLIGENCE IN NIGERIA

APPLICABILITY OF NATURAL LAW PRINCIPLES TO THE LAW OF NEGLIGENCE IN NIGERIA

ABSTRACT

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 Contents

CHAPTER ONE

GENERAL INTRODUCTION

1.0   INTRODUCTION

1.1    BACKGROUND TO THE STUDY

1.2   OBJECTIVES OF STUDY

1.3.  FOCUS OF STUDY

1.4.  SCOPE OF STUDY

1.5   METHODOLOGY

1.6   LITERATURE REVIEW

1.7   DEFINITION OF TERMS (IF ANY)

1.8   CONCLUSION

CHAPTER TWO

NATURAL LAW

2.0   INTRODUCTION

2.1    DEFINITION OF NATURAL LAW

2.3   HISTORY OF NATURAL LAW

2.4   THE NATURAL LAW PHILOSOPHERS

2.5   THE RELEVANCE OF NATURAL LAW IN THE NIGERIA LEGAL SYSTEM

2.1.2 THE NATURE OF THE PRINCIPLES OF NATURAL LAW

2.2    NATURAL LAW AND THE POSITIVE LAWS

2.2.1  CONCLUSION

CHAPTER THREE

LAW OF NEGLIGENCE

INTRODUCTION

HISTORY OF LAW OF NEGLIGENCE

DOCTRINE OF NEGLIGENCE

ESSENTIAL ELEMENTS OF NEGLIGENCE

DUTY OF CARE

BREACH OF DUTY OF CARE

REASONABLE MANS TEST

THE RISK FACTORS

THE LIKELIHOOD OF HARM

THE SERIOUSNESS OF THE INJURY RISKED

THE IMPORTANCE OR UTILITY OF THE DEFENDANTS CONDUCT

THE COST AND PRACTICABILITY OF MEASURES TO AVOID HARM

DAMAGES CAUSED AS A RESULT OF THE BREACH

PROOF OF NEGLIGENCE

NEGLIGENCE AND NERVOUS SHOCK

THE DEFENCE OF CONTRIBUTORY NEGLIGENCE

THE DEFENCE OF VIOLENT NON FIT INJURIA

THE APPLICABILITY OF THE PRINCIPLE OF NEGLIGENCE IN NIGERIA

CONCLUSION

CHAPTER FOUR

DOCTRINE OF NEGLIGENCE AND CONCEPT OF NATURAL LAW

4.0   INTRODUCTION

4.1   THE RELEVANCY OF THE NATURAL LAW PRINCIPLE TO THE LAW OF NEGLIGENCE

4.2   THE INTERWOVEN NATURE OF THE LAW OF NEGLIGENCE AND THE CONCEPT OF NATURAL LAW AS IT APPLIES TO NIGERIA SITUATION

4.3   CONCLUSION

CHAPTER FIVE

CONCLUSION AND RECOMMENDATION.

5.0     CONCLUSION

5.1     RECOMMENDATION

BIBLIOGRAPHY

ARTICLES IN JOURNAL AND BOOKS

ARTICLES ON THE INTERNET

BOOKS

THESIS

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