Fault Driven Tort Liability Rules for Personal Injury: Implications and Options for Nigeria

Commemorative Essays on the 50th Anniversary of the Faculty of Law, University of Lagos E.O. Oyewo & A. Sanni Edn. 367-394. pp. 367-394. (2015)

33 Pages Posted: 20 Feb 2019

Date Written: February 1, 2015

Abstract

The corrective justice foundation of tort law creates a "no liability without fault" regime of compensation. This leaves a seious gap in the law as the compensation goal of tort law is sacrificed on the altar of individual responsibility. this work exposes the consequential challenges of such a regime in Nigeria and advocates towards a more socially responsive tort regime. the paper recommends a multi faceted approach to personal injury compensation law in Nigeria with the aim to make tort a macro level regime with social needs imperatives. It stimulates social tort to embrace distributive justice towards the spreading of the losses in the society thereby creating a more equitable society.

Keywords: tort, corrective justice, compensation, personal injury

Suggested Citation

Adekile, Oluwakemi Mary, Fault Driven Tort Liability Rules for Personal Injury: Implications and Options for Nigeria (February 1, 2015). Commemorative Essays on the 50th Anniversary of the Faculty of Law, University of Lagos E.O. Oyewo & A. Sanni Edn. 367-394. pp. 367-394. (2015), Available at SSRN: https://ssrn.com/abstract=3327229

Oluwakemi Mary Adekile (Contact Author)

University of Lagos ( email )

Akoka
Lagos, +234
Nigeria
08033024357 (Phone)

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