3713. Nondelegable Duty

3713. Nondelegable Duty Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] has a duty that cannot be delegated to another person arising from [insert name, popular name, or number of regulation, statute, or ordinance/a contract between the parties/other, e.g., the landlord-tenant relationship]. Under this duty, [insert requirements of regulation, statute, or ordinance or otherwise describe duty]. [Name of plaintiff] claims that [he/she] was harmed by the conduct of [name of independent contractor] and that [name of defendant] is responsible for this harm. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. 3. 4. That [name of defendant] hired [name of independent contractor] to [describe job involving nondelegable duty, e.g., repair the roof]; That [name of independent contractor] [specify wrongful conduct in breach of duty, e.g., did not comply with this law]; That [name of plaintiff] was harmed; and That [name of independent contractor]'s conduct was a substantial factor in causing [name of plaintiff]'s harm. ________________________________________________________________________________ New October 2004; Revised June 2010