Challenges in the evolution of the doctrine of non-delegable duty

Publication Type

Journal Article

Publication Date

1-2018

Abstract

This article embarks on a general examination of the doctrine of non-delegable duties. In particular, it seeks to show that the current approach and understanding of non-delegable duties is inadequate and fails to deal head-on with the underlying doctrinal gaps. Scrutinising major common law jurisdictions and developments in the case law, three main issues are dealt with, namely: (1) the broad justifications for the very existence and imposition of non-delegable duties; and (2) the scope of such duties and the relationship with other torts; and (3) the exact nature of such duties. This article then suggests alternative approaches to looking at the doctrine that may be adopted in the future.

Discipline

Common Law | Public Law and Legal Theory

Publication

Tort Law Review

Volume

25

Issue

3

First Page

143

Last Page

166

ISSN

1039-3285

Publisher

Thomson Reuters (Professional)

Copyright Owner and License

Authors

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