Nondelegable refers to a responsibility or task that cannot be assigned to another person. It must be performed by the individual who is accountable for it. For instance, if someone is responsible for the upkeep of a building, they are unable to delegate that duty to someone else. They must personally carry out the task as it is a nondelegable obligation.
Nondelegable (non-del-uh-guh-buhl) is an adjective that describes a power, function, or duty that cannot be entrusted to another’s care. It means that the responsibility cannot be given to someone else to handle. For example, the duty to maintain the premises is a nondelegable duty, which means that it cannot be assigned to another person. Similarly, a doctor cannot delegate their responsibility to provide proper medical care to a patient, and a company cannot delegate its responsibility to provide a safe working environment for its employees. Additionally, a property owner cannot delegate their responsibility to maintain their property and ensure its safety for visitors. In each of these cases, the duty is nondelegable because only the person or entity responsible can fulfil it, and it cannot be passed off to someone else.
In legal terms, “nondelegable” refers to a duty or responsibility that cannot be transferred or delegated to another party. It means that the person or entity with the duty remains ultimately responsible for its fulfillment, even if they hire someone else to perform the task.
Some common examples of nondelegable duties include the duty of employers to provide a safe working environment for their employees, the duty of property owners to maintain their premises in a safe condition, and the duty of parents to supervise their children’s activities.
No, a nondelegable duty cannot be assigned or transferred to another party. The person or entity with the duty must personally ensure its fulfillment, even if they hire others to assist them.
If a nondelegable duty is not fulfilled, the person or entity with the duty may be held legally responsible for any resulting harm or damages. They may be liable for any injuries or losses suffered by others due to their failure to fulfill the duty.
In some cases, a nondelegable duty may be waived or released through a legally binding agreement. However, such waivers or releases are often subject to strict scrutiny and may be deemed unenforceable if they are found to be against public policy or unfair to the party who would be harmed by the nonfulfillment of the duty.
Nondelegable duties and strict liability are related concepts but not exactly the same. Nondelegable duties refer to the responsibility to fulfill a specific duty, while strict liability refers to the legal doctrine that holds a party liable for damages regardless of fault or negligence.
Yes, nondelegable duties can be imposed by law. Legislatures or regulatory bodies may establish certain duties that cannot be delegated, typically to ensure public safety or protect vulnerable individuals.
In some cases, a nondelegable duty may be modified or limited by a contract if both parties agree to such terms. However, the enforceability of such modifications may depend on various factors, including the nature of the duty and the public interest involved.
Generally, nondelegable duties cannot be transferred through a merger or acquisition. The acquiring entity assumes the responsibility for fulfilling the nondelegable duties of the acquired entity.
Nondelegable duties can be imposed on both individuals and organisations. The duty is determined by the specific legal requirements applicable to the situation, regardless of whether the duty holder is an individual or an organisation.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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