Guitarini v. Macallen Co.

Claims for negligence rest primarily upon a violation of some duty owed by the offender to the injured party. Duncan v. Company, 91 N. H. 349, 350. “If there is no duty there is no negligence.” Stevens v. Manchester, 81 N. H. 369. The sole question presented here is whether one who undertakes to employ an independent contractor owes a duty, to such persons as may thereafter furnish labor and materials on the order of the contractor in the performance of the work, to exercise ordinary care in selecting a contractor who is competent to perform his financial obligations to those persons.

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