7. Non Delegable Duties

Question 1

What does this involve?

Answer 1

Sometimes, an organisation take on a responsibility, and delegates this responsibility to someone else to perform. In most cases, if there was a breach then you would sue the person who performs the responsibility, but in certain cases, although the duty is delegable, it is not delegable in law, meaning you can sue the top organisation.

Question 2

Examples of this?

Answer 2

Employer-employee
Prison - prisoner
Education authority - child

Question 3

Woodland v Swimming Teachers Association

Answer 3

Lord Sumption: criteria for a non delegable duty:

1. C is especially vulnerable or dependent on the protection of the defendant.
2. There is a relationship between C and C which places places D in actual custody, charge or care of C, therefore can impute an assumption of a positive duty to protect C from harm.
3. C has no control over how D chooses to perform that obligation.
4. D delegates a function to a third party which is integral to this positive duty he has assumed towards C.
5. The third party has been negligent in the performance of this function assumed by the defendant and delegated by D to him.

Question 4

NA v Nottinghamshire CC

Answer 4

The defendant CC did not owe a duty to a foster child. It is not fair, just or reasonable to impose a duty, even if the Woodland criteria is satisfied.