APPLICABILITY OF NATURAL LAW PRINCIPLES TO THE LAW OF NEGLIGENCE IN NIGERIA
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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
1.1 BACKGROUND TO THE STUDY
1.2 OBJECTIVES OF STUDY
1.3. FOCUS OF STUDY
1.4. SCOPE OF STUDY
1.6 LITERATURE REVIEW
1.7 DEFINITION OF TERMS (IF ANY)
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
LAW OF NEGLIGENCE
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
DOCTRINE OF NEGLIGENCE AND CONCEPT OF NATURAL LAW
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
CONCLUSION AND RECOMMENDATION.
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