MBE Rules · Torts
Independent contractor — non-delegable duties
The rule
Hiring party generally NOT vicariously liable for torts of independent contractors. Exceptions (non-delegable duties): (1) abnormally dangerous activities, (2) duties of care of landowners to invitees, (3) duty to keep premises safe for public, (4) duty owed under statute or contract.
In plain English
Usually, if you hire an independent contractor and they mess up, you're not responsible. But for certain important tasks, like keeping a place safe, you can't dodge responsibility even if you hire someone else.
Worked example
A store hires a contractor to fix its roof. The contractor leaves debris that injures a customer. The store can't avoid liability because it has a duty to keep the premises safe for customers.
Memory hook
Independent? Not always. Some duties stick. If it's dangerous or public, liability may linger.
The trap
Students think: Hiring party never liable. Wrong, because non-delegable duties exist. The actual test is if the duty is inherently risky or public-facing.
How examiners test it
The MBE loves: contractor causes harm during dangerous activity or on public premises. Trap: ignoring non-delegable duties and assuming no hiring party liability.
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