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Unformatted text preview: nondelegable duty or created special
risks which were inherent in the contemplated work to be performed by R.J. Control
Service. See Westby v. Itasca [*1020] County, 290 N.W.2d 437, 438-39 (Minn.1980).
Special relationships or public policy considerations may give rise to nondelegable
duties. See, e.g., Brasch v. Wesolowsky, 272 Minn. 112, 117, 138 N.W.2d 619, 623
(1965) (contractors owe their contractees a nondelegable duty to use due care in the
performance of their undertakings).
The uniform commercial code defines the relationship between secured parties and
debtors by establishing specific rights, remedies and duties with respect to repossession
and disposition of collateral upon default. See Minn.Stat. §§ 336.9-501-.9-508 (1988).
The code requires a secured party to exercise its self-help remedy rights only when
repossession can be accomplished "without breach of the peace." See id. § 336.9-503.
The conditional nature of the [**6] secured party's self-help remedies and the language
of section 336.9-503 indicate that a secured party must ensure there is no risk of harm to
the debtor and others if the secured party chooses to repossess collateral by self-help
methods. The duty to repossess property in a peaceable manner is specifically imposed on
a "secured party" by the uniform commercial code and is intended to protect debtors and
other persons affected by repossession activities. See id. (a "secured party" may repossess
by self-help methods "if this can be done without breach of the peace"). Accordingly, a
secured party may not delegate to third persons the secured party's duty to repossess in a
peaceable manner. Cf. Restatement (Second) of Torts § 424 (1965) (a person under a
statutory duty to provide specific safeguards or precautions for the safety of another is
liable for injuries to the other person caused by a contractor's failure to provide the
necessary safeguards or precautions).
The Bank had a right to repossess the Nichols' vehicle "without judicial process" because
the bank was a "secured party" under the u...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08