Oluwakemi Mary Adekile, ‘Fault Driven Tort Liability Rules for Personal Injury: Implications and Options for Nigeria’

ABSTRACT
The corrective justice foundation of tort law creates a ‘no liability without fault’ regime of compensation. This leaves a serious 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.

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, EO Oyewo and A Sanni Edn 367-394, pp 367-394 (2015).

First posted 2019-02-21 07:09:07

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