Applicability of natural law principles to the law of negligence in nigeria | Blazingprojects Postgraduate Thesis
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Applicability of natural law principles to the law of negligence in nigeria

 

Table Of Contents


  • COVER PAGECERTIFICATION PAGEABSTRACTTABLE OF CONTENTSDEDICATIONACKNOWLEDGEMENTTABLE OF CASESTABLE OF STATUTESTABLE OF RULESLIST OF ABBREVIATIONSCHAPTER 1GENERAL INTRODUCTION1.0.0INTRODUCTION1.1.0BACKGROUND TO THE STUDY1.2.0OBJECTIVES OF STUDY1.3.0FOCUS OF STUDY1.4.0SCOPE OF STUDY1.5.0METHODOLOGY1.6.0LITREATURE REVIEW1.7.0DEFINITION OF TERMS (IF ANY)1.8.0CONCLUSIONCHAPTER 2NATURAL LAW2.0.0: INTRODUCTION2.1.0: DEFINITION OF NATURAL LAW2.3.0: HISTORY OF NATURAL LAW2.4.0: THE NATURAL LAW PHILOSOPHERS2.5.0: THE RELEVANCE OF NATURAL LAW IN THE NIGERIA LEGAL SYSTEM2.1.2: THE NATURE OF THE PRINCIPLES OF NATURAL LAW2.2.0:NATURAL LAW AND THE POSITIVE LAWS2.2.1:CONCLUSIONCHAPTER 3.LAW OF NEGLIGENCE3.0.0: INTRODUCTION3.1.0HISTORY OF LAW OF NEGLIGENCE3.2.0: DOCTRINE OF NEGLIGENCE3.3.0: ESSENTIAL ELEMENTS OF NEGLIGENCE3.4.0: DUTY OF CARE3.1.0.: BREACH OF DUTY OF CARE3.2.0: REASONABLE MANS TEST3.3.0: THE RISK FACTORS3.4.0: THE LIKELIHOOD OF HARM3.3.3: THE SERIOUSNESS OF THE INJURY RISKED3.3.4THE IMPORTANCE OR UTILITY OF THE DEFENDANTS CONDUCT3.4.0:THE COST AND PRACTICABILITY OF MEASURES TO AVOID HARM3.4.1: DAMAGES CAUSED AS A RESULT OF THE BREACH3.4.2: PROOF OF NEGLIGENCE3.4.3: NEGLIGENCE AND NERVOUS SHOCK3.4.4: THE DEFENCE OF CONTRIBUTORY NEGLIGENCE3.5.0: THE DEFENCE OF VIOLENT NON FIT INJURIA3.5.1: THE APPLICABILITY OF THE PRINCIPLE OF NEGLIGENCE IN NIGERIA3.5.2: CONCLUSIONCHAPTER 4DOCTRINE OF NEGLIGENCE AND CONCEPT OF NATURAL LAW4.0.0: INTRODUCTION4.1.0: THE RELEVANCY OF THE NATURAL LAW PRINCIPLE TO THE LAW OF NEGLIGENCE4.2.0: THE INTERWOVEN NATURE OF THE LAW OF NEGLIGENCE AND THE CONCEPT OF NATURAL LAW AS IT APPLIES TO NIGERIA SITUATION4.3.0: CONCLUSIONCHAPTER 5CONCLUSION AND RECOMMENDATION.5.0.0: CONCLUSION5.
  • 1.0RECOMMENDATIONBIBLIOGRAPHYARTICLES IN JOURNAL AND BOOKSARTICLES ON THE INTERNETBOOKSTHESIS

Thesis 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.


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