What tort means
A tort is a wrong the law recognises even though you never agreed anything with the person who wronged you.
Contract law deals with promises. Tort law deals with duties the law imposes on everybody, whether or not they signed anything. The driver who hits your car owed you no promise. They owed you a duty to drive with reasonable care, and that duty came from the law.
The purpose is compensation rather than punishment. Damages in tort aim to put the claimant, so far as money can, in the position they would have been in had the wrong not occurred. Punishment belongs to the criminal law, which runs separately and is brought by the state.
The same act can be a tort and a crime at once. An assault can be prosecuted by the state and sued on by the victim, and the two proceedings are independent.
How it is used
The torts you meet most often in Nigerian practice are a short list.
Negligence, where carelessness causes loss or injury, which covers road accidents, medical treatment, unsafe premises and professional errors.
Trespass to land, entering or remaining on somebody's land without permission, which is heavily litigated in Nigeria because of land disputes.
Defamation, publishing a false statement that damages reputation.
Nuisance, unreasonable interference with somebody's use and enjoyment of their land, which covers generator noise, smoke, blocked drainage and similar neighbour disputes.
Conversion and detinue, dealing with somebody else's goods as if they were yours or refusing to return them.
Assault and battery, threatened and actual unlawful force.
Most claims start with a demand letter setting out the wrong, the loss and what is required. Many settle there, which is faster and cheaper than the alternative.
Key features
- Civil wrongs arising from duties imposed by law, not by agreement
- The usual remedy is damages, aimed at compensation rather than punishment
- Injunctions are available where the wrong is continuing
- Some torts require proof of damage, others are actionable without it
- An employer can be vicariously liable for torts committed by employees at work
- The same conduct can give rise to both a tort claim and a criminal prosecution
How this works in Nigeria
Nigerian tort law is common law based, applied by the courts of the states and the Federal High Court depending on subject matter, and supplemented by statute in specific areas.
Trespass claims dominate the land courts. Because so much Nigerian land is held under contested title, trespass and its cousin, a claim for declaration of title, are among the most frequently litigated matters in the country.
Vicarious liability matters commercially. An employer is generally liable for torts committed by employees in the course of employment, which is why businesses carry insurance and why a well drafted contract with an independent contractor allocates risk carefully.
Limitation periods apply and vary by state. Ordinary tort claims commonly carry a limitation period measured in years from when the cause of action arose, and much shorter periods apply to claims against public officers. Because the periods differ, the state where the claim arises has to be checked rather than assumed.
Tort vs contract vs crime
Three ways the law responds to something going wrong, distinguished by where the duty came from and who brings the case.
Contract. The duty came from an agreement between the parties. The claim is brought by the party who did not get what was promised, and damages aim to put them in the position they would have been in had the promise been kept.
Tort. The duty was imposed by law on everybody. The claim is brought by the person harmed, and damages aim to restore them to the position before the harm.
Crime. The wrong is against the state as well as the victim. The prosecution is brought by the state, the standard of proof is beyond reasonable doubt, and the outcome is punishment rather than compensation.
One incident can produce all three. A driver who breaches a delivery contract, injures a pedestrian and drives dangerously faces a contract claim, a tort claim and a prosecution, on three separate tracks.
Limits and risks
Not every harm is a tort. There must be a recognised legal wrong, so unfair treatment that does not fall into an established category may leave no claim at all.
Proof of causation defeats many claims. It is not enough that the defendant behaved badly and that you suffered; the behaviour has to have caused the loss.
Damages in Nigerian courts for personal injury and reputational harm tend to be modest, and litigation is slow, so the economics of suing need thought before starting.
Contributory negligence reduces awards, and defences such as consent, truth in defamation and lawful authority defeat claims outright.
And a judgment is only worth what the defendant can pay, which is why insurance, or a defendant with assets, matters more to the outcome than the strength of the claim.
Worth knowing
Send a demand letter early and keep proof of delivery. It records your version while events are fresh, it often produces a settlement, and where a claim does proceed the court sees that you tried to resolve it before litigating.
Questions people ask
What is a tort?
A civil wrong arising from a duty the law imposes rather than from a contract. Negligence, trespass, defamation and nuisance are torts, and the usual remedy is damages to compensate the person harmed.
What is the difference between a tort and a breach of contract?
A contract duty comes from an agreement the parties made. A tort duty is imposed by law on everybody regardless of agreement. The same event can sometimes give rise to both claims.
What are the main torts in Nigeria?
Negligence, trespass to land and to the person, defamation, nuisance, conversion and detinue, and assault and battery are the ones most frequently litigated.
Can one act be both a tort and a crime?
Yes. An assault can be prosecuted by the state and separately sued on by the victim. The prosecution seeks punishment and the civil claim seeks compensation, and the two run independently.
Can my employer be sued for something I did at work?
Often yes. An employer is generally vicariously liable for torts committed by an employee in the course of employment, which is one reason businesses carry liability insurance.
How long do I have to bring a tort claim in Nigeria?
It depends on the state limitation law and on who the defendant is, with much shorter periods applying to claims against public officers. Check the position in the relevant state early, because the periods are strictly applied.