LEGAL PRINCIPLE: TORT LAW — Vicarious Liability — Doctrine of Common Employment — Conditions for Applicability
PRINCIPLE STATEMENT
The doctrine of common employment applies where the injured party is a fellow-servant of the party causing the injury and both are engaged in a common employment. To exempt the master from liability, the servants must be fellow-servants of a common employer and engaged in a common employment where the safety of one depends on the care of the others.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Nigerian Tobacco Co. Ltd v. Agunanee (1995) NLC-311989(SC) at pp. 10–11; Paras. E–A.
"Now, the doctrine of common employment as the authorities show would apply where the party injured is not a stranger but a fellow-servant of the party causing the injury and engaged in a common employment with him. In such a case the master is at common law not liable for injuries caused by the negligence of his servant in the course of his employment. But to exempt the master from liability two conditions ... must be satisfied. First, the servants must be fellow-servants, in other words they must be in the service of a common employer. ... Secondly, they must be engaged on a common employment, that is to say, the work must be common, but it need not be identical. The employment must be in common, in the sense that the safety of the one servant must in the ordinary and natural course of things depend on the care and skill of the others."
EXPLANATION / SCOPE
The doctrine of common employment is a common law defence that exempts an employer from liability for injuries caused by one employee to another. Two conditions must be satisfied: (1) the employees must be fellow-servants of the same employer; (2) they must be engaged in a common employment where the safety of one depends on the care of the others. The doctrine has been abolished in England and is of limited application in Nigeria. The principle reflects the historical common law position.