LEGAL PRINCIPLE: TORT LAW — Negligence — Duty of Care to Third Party Beneficiary of Contract
PRINCIPLE STATEMENT
The obligations towards the contracting party extended to all such persons who were likely to be injured by the acts or omissions of the defendant. They are the neighbours in contemplation or ought to be in contemplation of the defendant.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in International Messengers Nig. Ltd v. Nwachukwu (2004) NLC-1322000(SC) at p. 8; Paras A–B.
"The rationale in truth is that, even though not so expressed, the obligations towards the contracting party extended to all such persons who were likely to be injured by the acts or omissions of the defendant. They are the neighbours in contemplation or ought to be in contemplation of the defendant."
EXPLANATION / SCOPE
A duty of care extends to third parties likely to be injured by the defendant’s acts or omissions. The principle applies to negligence claims. Third parties are neighbours in contemplation of the defendant. The rule extends tort liability beyond contracting parties. The court must consider foreseeable injury to third parties. The duty arises from reasonable contemplation of harm.