Multistate Bar Examination Practice Question

Nondelegable duties are obligations that a party cannot avoid by hiring an independent contractor. In this case, the real estate developer has a nondelegable duty to ensure that excavation work does not cause harm to adjacent properties, as this type of work is inherently dangerous and poses significant risks. Although the independent contractor caused the damage, the developer remains liable because they cannot transfer responsibility for such high-risk activities to another party. Other answers are incorrect because they misstate the law or misconstrue the principle of nondelegable duties, which are not excused by hiring independent contractors.