Delegation of Duties

Question 1

What is a delegation?

Answer 1

A delegation occurs when a third-party agrees to satisfy a performance obligation owed by one of the parties to a contract

Question 2

Does delegation create a “transfer” of duties such that delegator is no longer liabile?

Answer 2

No

Question 3

Who is liable regarding delegated obligations?

Answer 3

Absent a novation, a delegation does not relieve obligations under the contract such that obligee can still sue the delegator for breach

Question 4

What is a novation?

Answer 4

Agreement by all parties to relieve the delegator of liability regarding contract performance.

Question 5

What is delagatee’s liability to delagator?

Answer 5

If delegation was for consideration, delegator has a breach of contract action against delagatee who doesn’t perform

Question 6

What are delagatee’s obligations to obligee?

Answer 6

If the delegation was for consideration, an obligee can bring an action adjacent the delegatee as an intended third-party beneficiary of the delegation

Question 7

Are all contract duties generally delegable?

Answer 7

Yes

Question 8

What are exceptions to delegable contract duties?

Answer 8

1. personal services
2. contracts where delegation is prohibited