There are conducts and statements with the potential of inflicting physical, social, psychological and economic damage on people.This edition of Akintunde Esan’s Legal Illumination is illuminating on the unscrupulous conducts and statements usually causing harm to the body, property, reputation, business and relationship of people of which the victims of the wrong are entitled to seek for compensation (damage) from the wrongdoer in a court of competent jurisdiction, including an order of court (injunction) restraining the wrong doer from continuing with the unscrupulous acts or statements.
| 1. | Battery | Intentional application of force to another person. |
| 2. | Assault | Intentional putting of another in fear of imminent battery. |
| 3. | False Imprisonment | To detain a person in a place or restrain a person’s movement it includes the instigation of the Police to arrest and detain you without reasonable or probable cause. |
| 4. | Negligence | Failure to take care of a person or thing which you owe a duty to take care of which resulted into injury to the person or thing or loss, e.g. a teacher and a student, doctor and patience |
| 5. | | Where a person maliciously without reasonable and probable cause uses the Police or any Government agency against you to initiate criminal proceedings against you which ends/terminates in your favour and which results in damages to your reputation, person and property. |
| 6. | | This is the making of a false statement by one person against the person or property of another person which is calculated to cause that other person damage and as a result of which he actually suffered damages. |
| 7. | Trespass to Land | | Where another without lawful justification or without your invitation or permission: a. Enters upon your land, or b. Remains upon your land, or | Directly places or projects any material objects upon your land.7. |
| 8. | Conversion | Where another exercise temporary or permanent right or dominion of ownership on your property. To deprive you of the possession of your chattel/property e.g. to use or take or give away or destroy your property without your permission. |
| 9. | Detinue | Failure to release property kept in the custody of another on demand. |
| 10. | Nuisance | Interference with the use and the enjoyment of your property, e.g. unreasonable noise or smell emanating from your neighbouring land, obstruction to your right of way or right to light, an object or activity of nearby building causes material damage to your property. |
| 11. | Defamation
| | Defamation includes statements which tends: a. To lower you in the estimation of right-thinking members of society generally; or b. To expose you to hatred, contempt or ridicule; or c. To cause other persons to shun or avoid you; or d. To discredit you in office, trade or profession; or e. To injure your financial credit or standing Libel: Defamation in a permanent form such as written or printed words | Slander: Defamation in a transient form such spoken words or gestures |
| 12. | Deceit | When you rely on a false statement made to you believing it to be true and you suffer damage thereby. |
| 13. | Passing off | The selling or marketing of a product or carrying on of a business in such a manner as to misled the public into believing that the product or business is that of you own. |
| 14. | Enticement | Persuading, inducing, inciting or procuring the wife of another without lawful justification to leave and remain apart from her husband. |
| 15 | Harbouring | | Giving shelter to an errant/ wayward wife. | |
| REMEDIES - Injunction: An order of court restraining the wrong doer from continuing to commit the civil wrong.
- Damages: Damages is Money claimed by or ordered to be paid to a person as compensation for loss or injury he has suffered following a tort or a breach of contract or civil wrong. In addition to an injunction you are entitled to an award of damages or for an order directing the other party to pay you damages or compensation for the injury suffered.
- Special Damages: Mathematical calculation of all expenses incurred e.g. medical expenses, solicitor’s fee and material or financial loss suffered.
- General Damages: Losses that cannot be mathematically calculated but estimated such as pain and suffering, loss of enjoyment of life, loss of expectation of life, loss of earning or future earning, injury to your dignity, nervous shock, trauma.
- Aggravated Damages: this is awarded in addition to actual damages when the wrong doer acted with recklessness, malice or deceit, cruelty, fraud, insolence and disregard for the law. It is meant to punish/penalize the wrongdoer or make him an example to others.
© 2017 Akintunde Esan, Managing Partner, Ase Olodumare Chambers For further illumination on seeking judicial redress or remedy for the harm, injury or damage done to body, property, reputation, relationship or business, you are advised to contact: Akintunde Esan or the Law Firm of Ase Olodumare Chambers via the contacts on this Blog: Akintunde Esan’s Legal Illumination. LEGAL REMEDIES FOR INJURIES TO BODY, PROPERTY, REPUTATION, BUSINESS OR RELATIONSHIP IN NIGERIA is a legal illumination of AKINTUNDE ESAN known as The LEGAL ADVISER ONLINE. Akintunde Esan is the Managing Partner & Principal Consultant @ ASE OLODUMARE CHAMBERS (Legal Practitioners/Consultants & Chartered Mediators)
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