17. Delegation

Question 1

What is required for delegation?

Answer 1

1) Delegable duty

2) Present intent to delegate
- Oral
- Written

Question 2

What is not a delegable right?

Answer 2

Personal judgment/skill
- Exculpatory clause

Special trust in Delegator
- Client relationship

Materially changing Obligee’s expectancy

Contract prohibition on assignment

• Assignment still allowed
• Delegation not allowed

Question 3

When may Obligee sue Delegator?

Answer 3

Delegate fails to perform for Obligee

Question 4

When may Obligee sue Delegate?

Answer 4

1) Delegate assumed duty to perform for Obligee (express/implied)
- Assigning ‘the contract’
- Assigning ‘all my rights under the contract’

2) Delegate fails to perform

3) Delegator gave consideration to Delegate
- Delegate-Delegator contract
- Obligee (as TP beneficiary) can sue Delegate (as Promisor)