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.
Yoong, Aaron, Challenges in the Evolution of the Doctrine of Non-Delegable Duty (December 24, 2018), (2018) 25 Tort Law Review 143.
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