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PROOF OF DUTY OF CARE IS REQUISITE FOR NEGLIGENCE TO SUCCEED

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The authorities are replete that a successful plea of negligence consists of proving the trivet issues of duty, breach and subsequent damages. In the case of GKF Investment Nigeria Ltd v. Nigerian Telecommunications Plc [2009] 15 NWLR (Pt 1164) 34, it is settled that the particulars of the pleading the breach of a duty of care is required as stated supra and it can neither be assumed or indirect; where there is no real duty to be exercised by the defendants, negligence will have no limbs to stand and any claim articulated thereon will fail.

— O. Oyewumi, J. Aseidu v Japaul (2019) – NICN/AK/01/2016

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duty of care, negligence

NEGLIGENCE IS A MATTER OF FACT

In all cases in which damages is being claimed for negligence the Court is to bear it in mind that negligence is a matter of or question of fact and not law and thus a finding as of fact of the act of omission or commission of the defendant must first be made before damages could be assessed. See also M. O. Kanu & Sons Co. Ltd v. First Bank of Nigeria Plc (2006) LPELR 1797 (SC).

— O. Oyewumi, J. Aseidu v Japaul (2019) – NICN/AK/01/2016

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THREE INGREDIENT TO PROVE NEGLIGENCE

In the case of Donoghue v. Stevenson (1932) AC 562/(2002)12 WRN 10, the locus classicus on negligence, the erstwhile House of Lords evolved three ingredients of negligence, which a plaintiff must establish, thus: that the defendant owed him a duty of care, that there was a breach of the duty and that the breach caused him...

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BANK OWES A DUTY TO MAINTAIN CUSTOMER DETAILS CONFIDENTIALITY

In my view, this measure was put in place to protect each customer’s account from every form of fraud or possible mix up. The bank also owes its customer an unalloyed duty of confidentiality not to disclose these information to third parties and any breach of these duties could give rise to liability in damages...

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DUTY OF BANK TO EXERCISE REASONABLE SKILL

Without a doubt, a banker has the duty to exercise reasonable care and skill in regard to its customer’s affairs. The law is that a bank has a duty under its contract with its customer to exercise reasonable care and skill in carrying out its part with regard to the operations within its contracts with...

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THE APPROACH TO A CLAIM IN NEGLIGENCE

The approach to a claim in negligence comes into operation in the following circumstances: (a) On proof of the happening of an unexplained occurrence; (b) When the occurrence is one which would not have happened in the ordinary course of things without the negligence on the part of somebody other than the plaintiff and (c)...

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NEGLIGENCE ARISE WHEN A LEGAL DUTY OWED BY TO THE PLAINTIFF IS BREACHED

LUFTHANSA GERMAN AIRLINES v. BALLANYE, 2013 1 NWLR (PT. 1336) 527, The Supreme Court Per Kalgo J.S.C. had this to say: “The general principle is that the tort of negligence arises when a legal duty owed by the defendant to the plaintiff is breached and to succeed in an action for negligence the plaintiff must...

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