Legal Definitions - nondelegable

Nondelegable describes a duty, power, or responsibility that cannot be transferred or assigned to another person or entity. When a duty is nondelegable, the original party remains solely accountable for its performance, even if they attempt to have someone else carry it out. This means the obligation must be fulfilled by the specific individual or organization upon whom it was initially imposed.

Here are a few examples to illustrate this concept:

• Imagine a licensed physician who has a duty to diagnose a patient's condition. This is a nondelegable duty. While the physician might rely on nurses or technicians to gather information or perform tests, the ultimate responsibility for making the diagnosis and prescribing treatment rests solely with the licensed physician. They cannot delegate the act of diagnosing to an unlicensed assistant, and if a mistake occurs in the diagnosis, the physician remains legally accountable.

• Consider a trustee who is legally responsible for managing a trust fund for the benefit of its beneficiaries. The trustee has a nondelegable fiduciary duty to act prudently and in the best financial interest of those beneficiaries. While the trustee might hire investment advisors or accountants to assist with the trust's assets, the ultimate legal responsibility for overseeing those investments and ensuring the trust is managed correctly remains with the trustee. They cannot simply hand off their core decision-making and oversight responsibilities to someone else and avoid accountability.

• Suppose a client commissions a renowned artist to paint a unique mural for their new building, specifically because of that artist's distinctive style and reputation. The artist's duty to personally create that mural is generally nondelegable. The client is paying for the specific skill and vision of that particular artist. The artist cannot simply hire a less experienced painter to create the mural in their place without the client's explicit agreement, as the personal performance of the renowned artist is central to the agreement.