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

• Main Author: YOONG, Aaron
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2018
• Subjects: Common Law; Public Law and Legal Theory
• Online Access: https://ink.library.smu.edu.sg/sol_research/4354
• Institution: Singapore Management University

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.