Non delegable duty

Non delegable duty is the responsibility of the active person. In a 2002 Australian report, it was concluded that liability for a breach of an on-transferable duty is equal to an extension of the rules on liability for acts. They also advised that it should be non-persensitive for violation. More ruthless opinion said it represented a series of personal duties that were incumbent on employers and could not be passed on to others. It is difficult to find a single explanation for the duties that are not delegated. They can be grouped into situations (P. Giliker 2010, s. 177):

• those concerning political reasons such as security of citizens,
• taking care of property rights and sensitive parties e.t.c (P. Giliker 2010, s. 177).

Categories of duties

Three categories of duties (P. Giliker 2010, s. 177):

• those with necessity to avoid the limits of the doctrine of responsibility for actions taken,
• putting more attention on public safety,
• the last model left concerning other duties .

We often use primary responsibility to overcome limitations on liability for acts or to hold our boss accountable for risky activities, irrespective of the involved status of the employee. It is difficult to find a theoretical explanation for these three categories. “Due to their different historical origins, any ex-post identification analysis of the true explanation of all events, non-departmental obligations will be artificial, and in some cases may also be forced” (P. Giliker 2010, s. 177).

The most important question, "So how do you know if a care obligation is delegated or not transferable?" There is no test (described in cases or arising out of cases) eligible to find out if this obligation is delegable or non-transferable. To determine whether this duty of care is delegated or not transferable, you need to look at the court's judgment (N. J. McBride, R. Bagshaw 2008, s. 232-233).

Example

Non-delegable duty example (N. J. McBride, R. Bagshaw 2008, s. 232-233):

• Employment. Recently, it was noted that the duty of diligence, so that the boss owes his employees to make wise decisions to ensure that they are not killed or injured at work for him is non-delegable.
• Bailment. The obligation of the bailiff who owes the bailiff to make reasonable decisions to secure the property subject to the deposit is not delegated. An example is the case of Morris v. CW Martin & Sons Ltd. 0 In this case, the victim passed the fur company to the furriers for cleaning. They then sent the coat to the cleaners. The defendants were bailees of the coat for the claimant and as such they owed her a duty to take reasonable steps to safe- guard the coat. Unfortunately, the accused gave the coat to one of their employees who stole it. Lord Denning MR ruled that the theft of a coat by an employee exposed the accused to the obligation to ensure that they were obliged to protect the coat, and thus held the accused liable to the plaintiff for the loss of her coat. The fact that it was the employee who had been given care of the coat stole him, and it was important to establish that the accused violated their duty of care, that they were guilty of the plaintiff. If it was another employee who stole the coat, the accused would not be held liable, unless they or the employee entrusted with the task of caring for the coat were personally guilty of the theft.

All works in public places such as train stations and the highway lead to the obligation of non-delegable duties (V.Harpwood 2003, s. 316).

Advantages of Non delegable duty

Non delegable duties can be beneficial in many ways. They can provide legal clarity and accountability to employers, help ensure safe working environments, and provide workers with the assurance that their work is being done properly. Specifically, some of the advantages of non-delegable duties include:

• Improved accountability – By having non-delegable duties, employers are held to a higher accountability for their actions. This helps to ensure that safety standards are followed and that employers are held accountable for any harm that comes to their employees.
• Improved working conditions – By having non-delegable duties, employers are more likely to take responsibility for the safety and well-being of their employees. This helps to ensure that employees are working in safe and healthy conditions.
• Greater clarity – Non-delegable duties provide a greater level of clarity when it comes to legal responsibility. This helps employers to understand exactly what their duties and responsibilities are and how they can best meet them.
• Reduced litigation – By having clear and non-delegable duties, employers are less likely to face costly litigation in the event of a breach of those duties. This helps to reduce the amount of time and money that employers must spend defending themselves in court.

Limitations of Non delegable duty

• Non-delegable duties are a set of responsibilities that cannot be shifted or transferred from one person to another. This includes duties like providing safety and health instructions, ensuring proper maintenance of equipment, and ensuring a safe working environment.
• Non-delegable duties often require employers to take personal responsibility for their employees' safety and well-being, which is why they cannot be delegated.
• Non-delegable duties are often difficult to enforce as they require the active participation of the employer.
• Non-delegable duties may be difficult to identify and can be easily overlooked in the workplace.
• Non-delegable duties can be extremely costly if they are not properly managed and monitored.
• Non-delegable duties may be difficult to delegate to employees as they may not be able to adequately fulfill the responsibilities.
• Non-delegable duties are often difficult to separate from other duties, making it difficult to assign them to specific individuals.

Other approaches related to Non delegable duty

• Statutory: This approach is based on the idea that some duties are imposed by statute and are therefore non-delegable. This includes a duty to comply with health and safety regulations, for example, which cannot be delegated.
• Contractual: This approach looks at individual or group contracts to determine if certain tasks can or cannot be delegated.
• Professional: Professional bodies such as medical or legal professionals are expected to take personal responsibility for their work. As such, certain aspects of their work cannot be delegated.
• Moral: Some duties are deemed to be of a moral nature, and are therefore non-delegable. These may include duties of care and loyalty, for example.

In conclusion, non delegable duties refer to a set of personal and legal obligations that cannot be transferred to another person or entity. They are imposed by statute, contractual arrangements, professional obligations, and moral considerations.

Non delegable duty — recommended articles

Assignment clause — Discipline of work — Special resolution — Exculpatory Clause — Professional misconduct — Loss adjustor — Disciplinary procedure — Statutory obligation — Dual insurance

References

• Gliker P., (2010), Vicarious Liability in Tort: A Comparative Perspective ,Cambridge University Press, United Kingdom,
• Harpwood V., (2003), Modern Tort Law,Cavendish Publishing Limited,
• McBride N. J., Bagshaw R., (2008), Tort Law, Pearson Longman.

Author: Dominika Duda