Torts Multistate Bar Examination (MBE) Practice Test

A nondelegable duty means some duties cannot be shifted to someone else, so the party who owes the duty remains responsible for safety even when a contractor is used. When the activity is inherently dangerous, the risk is so central to the activity that the hiring party cannot avoid liability for injuries caused by the contractor’s negligence. Inherently dangerous work carries dangers that are not easily mitigated by ordinary care, so the party who controls the activity bears the responsibility to ensure safety, making them liable if the contractor acts negligently. Routine maintenance by a licensed contractor, simple landscaping, or work by a tenant on leased property do not involve inherently dangerous activities in the same way. These tasks can generally be delegated with the hiring party relying on professional standards, and liability for the contractor’s negligence is not automatically imposed on the hiring party solely for using a contractor.