Challenges in the evolution of the doctrine of non-delegable duty
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 jurisdi...
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| Format: | text |
| Language: | English |
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Institutional Knowledge at Singapore Management University
2018
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| Online Access: | https://ink.library.smu.edu.sg/sol_research/4354 |
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| Institution: | Singapore Management University |
| Language: | English |
| Summary: | 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. |
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