ICANBusiness LawLaw of Torts and Negligence2020

QUESTION 3 Arewa Express Logistics Ltd is a haulage company operating a fleet of heavy-duty trucks across Nigeria. The company employed Danladi as a full-time driver. On May 10, 2023, Danladi was instructed by the Operations Manager to transport a container of goods directly from the company's depot in Kaduna to a client's warehouse in Abuja along the main expressway. While en route, Danladi made an unauthorized 45-kilometer detour off the designated route to visit his family in Suleja. While driving at excessive speed through a residential street in Suleja to return to the main highway, Danladi negligently collided with a car driven by Mrs. Adebayo. Mrs. Adebayo sustained serious injuries and her car was written off. Investigation revealed that at the time of the collision, Mrs. Adebayo was driving while talking on her mobile phone and was not wearing a seatbelt, which significantly worsened her physical injuries. Mrs. Adebayo has sued Arewa Express Logistics Ltd as employer, claiming N30 million in damages for her injuries and loss of property. Required: (a) Explain whether Arewa Express Logistics Ltd is vicariously liable for the negligent acts of Danladi during his detour to Suleja, citing relevant case law principles on 'course of employment' versus a 'frolic of his own'. (8 Marks) (b) Advise Arewa Express Logistics Ltd on the defense of Contributory Negligence regarding Mrs. Adebayo's conduct and how it affects the liability and assessment of damages under the Law Reform (Torts) Act / Nigerian tort law. (7 Marks) (c) Outline five (5) circumstances under which an employer will remain exceptionally liable for the tortious acts of an Independent Contractor. (5 Marks) (Total: 20 Marks)

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