ICANBusiness LawLaw of Torts and Negligence2023

Tunde, a delivery driver employed by XYZ Logistics Limited, was instructed to deliver goods along a specified route in Ikeja, Lagos. While driving along the route, Tunde made a minor 5-minute detour to buy food at a nearby eatery, during which he negligently collided with Chief Okeke's parked vehicle. Chief Okeke sued XYZ Logistics Limited. Which of the following best states the employer's position under Nigerian Law of Tort?

AXYZ Logistics Limited is exempt from liability because Tunde committed an illegal act while driving.
BXYZ Logistics Limited is not vicariously liable because any deviation automatically places the employee on 'a frolic of his own'.
CXYZ Logistics Limited is vicariously liable because Tunde was on a minor detour reasonably incidental to his course of employment.CORRECT
DXYZ Logistics Limited is relieved of liability under Section 300 of the Companies and Allied Matters Act 2020.
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Why the answer is C, and why the others tempt you.
Under the doctrine of vicarious liability in Nigerian law (such as in Salu v. R.T. Briscoe Nig. Ltd.), a master is liable for torts committed by a servant in the course of employment. A slight or reasonable deviation for personal necessity during a journey is treated as a permissible detour within employment, not an independent 'frolic of his own'.
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