Judiciary-Poetry-Logo
JPoetry

RIDING IN THE DARK REQUIRES MORE CARE

Reach more audience. Place advert here.

Dictum

In BAKER V. LONGHURST & SONS LTD. (1933) 2KB 461 AT 468; LORD SCRUTTON L.J observed thus: “If a person rides in the dark he must ride at such pace that he can pull up within the limit of his vision and if, in those circumstances, he strikes something, either he is going too fast or he has not been keeping a proper look out”. See: NGILARI V. MOTHERCAT LIMITED (supra).

Was this dictum helpful?

SHARE ON

PRACTICE AND DUTY IS DIFFERENT

The learned trial Judge from the above quoted finding, viewed “practice of construction companies” as the same with “duty of care of construction companies”. Practice and duty in ordinary English language do not stand for the same thing. The trial Court inferred duty of care from practice of construction companies. Inferring the circumstances upon which...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

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...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

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...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

BANK HAS DUTY TO EXERCISE REASONABLE CARE IN BANKING BUSINESS

New Improved Manibannc Ventures Ltd v. FBN Plc. (2009) LPELR 8757 (CA); (2009) 16 NWLR Pt. 1167 Pg. 411 the Court held thus:- “It is settled law 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 operations within...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

PROOF OF DUTY OF CARE IS REQUISITE FOR NEGLIGENCE TO SUCCEED

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

Was this dictum helpful?

Click the icons to like, follow, and join JPoetry

Facebook Twitter Whatsapp Telegram

External link(s)

BOOK: First 2-years as a Law Student: Experiences and Lessons.