Non-Delegable Duty

Pronunciation: non-DEL-uh-guh-bul DOO-tee

Torts › Vicarious Liability

Definition

Duty that cannot be escaped by delegating work to independent contractor. Person who owes non-delegable duty remains liable even if hires careful independent contractor. Examples: abnormally dangerous activities, certain landowner duties, common carrier duties. Rationale: some duties so important that liability cannot be shifted.

Related terms

• Independent Contractor — Worker who maintains control over how work is performed, not subject to employer's control except for result. Hiring…
• Respondeat Superior — Employer liable for employee's torts committed within scope of employment. Latin for 'let the superior answer.' No fault…
• Strict Liability — Liability without fault. Defendant is liable regardless of intent or negligence if they engage in certain abnormally dangerous…

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