Delegation of duties

Question 1

Delegation of duties - gral

Answer 1

• Original obligor delegates performance duty owed to obligee to 3rd party

Question 2

Delegation of duties - Gral Rule CL

Answer 2

• Delegate must consent to perform (express/implied agreement)
• Obligee doesnt have to consent to RECEIVE performance, unless (3) circumstances

Question 3

Delegation of duties - CL - Exceptions to no need to consent to receive performance from delegate (3)

Answer 3

1) Prohibition to delegate exists: consent as waiver
2) Performance involves personal skill of obligor
3) When acceptance involves a material risk or burden

Question 4

Delegation of duties - CL - Exceptions to no need to consent to receive performance from delegate - Personal skill- Standard

Answer 4

Objective: in order to receive satisfactory performance, obligee would have to accept delegated performance

• -i.e. personal service contract, output/req contract

Question 5

Delegation of duties - UCC

Answer 5

Allowed, but is possible to prohibit

Question 6

Delegation of duties - UCC

Answer 6

• Assignment as possible anticipatory repudiation, hence grounds for demand of assurance

Question 7

Delegation of duties - Delegate Liability

Answer 7

• Delegate who accepts delegation through express assumption is liable to original obligee if performance is inadequate

Question 8

Delegation of duties - Delegator Liability

Answer 8

• His rights are extinguished but obligations remains - Delegator remains liable to obligee
• UNLESS novation or release from obligee