MOTOR VEHICLE ACCIDENT CLAIMS

The Book Motor Vehicle Accident Claims is a must for parties making claims in respect of motor vehicle accidents and defending such claims.

It is a practical handbook for operators of transport concerns, insurance companies, judges, businessmen and men of commerce, law students and all those interested in this aspect of the law.

For soft copy on your laptop and desktop you can visit www.thelawmaster.com to download the application.

For soft copy on your android device on the play store type in lawmaster mobile to download the application.

TABLE OF CONTENTS

1.01.Action in Motor VehicleAccident Claim

1.02. Negligence  Motor Accident cases

1.03. The Maxim Res Ipsa Loquitor

1.04. Basis of the Plea of res ipsa loquitur

1.05. Res Ipsa Loquitor- Duty on Defendant

1.06. Tort – Negligence – Res Ipsa Loquitor – Accident due to tyre burst  plea  of inevitable accident

1.07. Tort- Negligence – Res Ipsa Loquitor- Violent Swerve

1.08. Tort-Negligence-Effect of Res Ipsa Loquitor

1.09. Res Ipsa Loquitor- Pleadings

2.01. Parties

2.02. Meaning of “vicarious liability”

2.03. Vicarious Liability of Master for Servant’s Tort

2.04. Evidence of vicarious liability must be direct and positive

2.05. Vicarious liability – principal tort feasor a necessary party

2.06. Vicarious Liability – relationship with independent contractions

2.07. Parties in motor vehicle accident claim resulting in death

2.08. Insurer as party to an action against the insured

3.01. Defence of inevitable accident

3.02 Defense of Contributory Negligence

3.03. Burden of proof of contributory Negligence

3.04. Agreement to run the risk “volenti non fit injuria”

3.05. Defense Founded On Limitation Act

3.06. Defense of mechanical defect in motor accident

4.01. Introduction – Object of Damages

4.02. Meaning of Damages

4.03. Claim of damages in motor accident cases

4.04. Special Damages

4.05. Strict Proof of Special Damages  Meaning

4.06. Special damages – pleading and proof

4.07. Onus of proving Special Damages

4.08. Claim in Special Damages – Need for Particulars

4.09. Claim for Damages

4.10. Claim for Damages – Motor Vehicle capable of repairs

4.11. Damages for loss of Use

4.13. Claim for Damages – Personal Injury Cases

4.14. Damages – personal injury – stay of proceedings

4.15. Tort- Personal Injuries cases -Assessment of Damages

4.16. Non-pecuniary losses

4.17. Loss of Amenities and Enjoyment of Life

4.19. Nervous Shock

4.20. Pecuniary Loss

4.21. Loss of Earning

4.22. Loss of Future earning: Distinction

4.23. Assessment of Damages for loss of future earnings and loss of earning capacity

4.24. Matters the Court will not take into account in awarding damages for personal injuries

4.25. Damages – Fatal Accident cases

4.26. Damages to master for injury to servant

4.27. Damages for loss of consortium

4.28. Exemplary and Aggravated damages

4.29. Heads of Damages

4.30. Damages – Rule against Double Compensation

4.31. Duty of Plaintiff in motor accident cases to mitigate his loss

4.32. Damages – Court to take judicial notice of falling value of the Naira in the assessment of the damages

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