- The council engaged a third part contractor to work on a road
- Due to their negligent behavior, the contractors left a hazard which injured a passerby
- Did the contractor of the road authority owe a non-delegable duty in this instance?
- No, the general rule of non-delegable duty will not apply to the contractors of Road Transport Authorities, based on construction of the Roads Act
- Unless a principal/road authority is found on the facts to have a non-delegable duty of care, it will be necessary to show actual negligence on the part of the principal/road authority to establish liability.
- Note, you will need to look at the construction of the act to see if it is non-delegable
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