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ABSTRACT
A contract of employment is a specie of contract and is therefore governed by the general principles of the law of contract and consensus ad idem. Being a simple kind of contract, a contract employment must also satisfy the elements of a valid contract in the case of Chadwick v. Pioneer Private Telephone Ltd, contract of employment was defined thus; a contract of employment implies an obligation to serve and it comprises some degree of control by the master over the servant.
It was notable that although this legislative provisions in the labour act in common law as well as other statutes governing the employer and the employee relationship as regard an employer’s liability to innocent third parties, they are not without short comings. As such, various recommendations are furnished to improve the deplorable position of the workers and servants in the employment relationship in Nigeria.
Having taken a cursory look at the various ways by which an employer would be held liable to third parties for the torts committed by his workers in the course of this employment of the employer. It is very important to state that provisions of various statutes in Nigeria in this regard such as the Labour Act Cap f1 LFN 2004.
