ABSTRACT
In every society, one thing that cannot be done without is the term contract. This is so because, agreements as of necessity must be entered into to achieve different aims. In this project work, the kind of contract referred here is the contract of employment between an employer entity and an employee. Under this however, we shall be examining the liability of employers and employees under the Contract of Employment.
A contract of employment also known as contract of service is an agreement between an employer and an employee, who will render his services in furtherance of the business of the employer in return for payment of wages or salary. This contract is binding and effective upon following the relevant formalities in the creation of it.
Lord Atkin[1] posits that a citizen has the right to choose whom he would serve and this constitutes the main difference between a servant and a serf. Where the formalities are done with and the contract of employment is validly entered into, the employer and employee will then have certain duties which they are to fulfill such as duty of utmost good faith, duty to work, duty to provide work on the part of the employer, duty to pay workers, etc.
Where any of the duties is breached, this brings about the liability of either the employer or employee of which we are concerned with in this work. Once there is a breach of duty, liability arises, and then either of the parties will have a right to prosecute the other for remedy of such breach. As Somolu, C. J., puts it that it is an indisputable part of law, that the breach of an agreement entitles the other party who is damnified by it to bring an action on it.
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