Section 381 - Breach of contract of service during voyage or journey.

Whoever, being bound by a lawful contract to render his personal service in conveying or conducting a person or any property from one place to another place or to act as servant to a person during a voyage or journey or to guard a person or property during the voyage or journey, voluntarily omits so to do, except in the case of illness or ill treatment, shall be punished with imprisonment for a term which may extend to one month or with fine which may extend to ten naira or with both.

Illustration

(a) A a porter, being bound by a lawful contract to canoy Z's baggage from one place to another, throws the baggage away. A has committed an offence under this section.

(b) A, by unlawful means, compels B a porter to canoy his baggage. B in the course of the journey puts down the baggage and runs away. Here, as B was not lawfully bound to carry the baggage, he has not committed any offence. EXPLANATION. It is not essential to this offence that the contract should be made with the person for whom the service is to be performed. It is sufficient, if the contract is lawfully made with any person either expressly or impliedly by the person who is to perform the service.

Illustration

A contracts with a village head to provide horses for a journey. The village head sub-contracts for the peiformance of the contract with B, a member of his village, who starts in charge of some of the horses and in the course of the journey voluntarily leaves the horses, B is guilty of an offence under this section.