Editing Contracts/Delegation
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In [[contract law]] and [[Administrative Law|administrative law]], '''delegation''' (Latin ''intercessio'') is the act of giving another person the responsibility of carrying out the performance agreed to in a contract. Three parties are concerned with this act - the party who had incurred the obligation to perform under the contract is called the ''delegator''; the party who assumes the responsibility of performing this duty is called the ''delegatee''; and the party to whom this performance is owed is called the ''obligee''. | In [[contract law]] and [[Administrative Law|administrative law]], '''delegation''' (Latin ''intercessio'') is the act of giving another person the responsibility of carrying out the performance agreed to in a contract. Three parties are concerned with this act - the party who had incurred the obligation to perform under the contract is called the ''delegator''; the party who assumes the responsibility of performing this duty is called the ''delegatee''; and the party to whom this performance is owed is called the ''obligee''. | ||
== | ==Contracts== | ||
===Delegable contracts=== | ===Delegable contracts=== | ||
A delegation will be null and void if it poses any threat to the commercially reasonable expectations of the obligee. For example, a task requiring specialized skills or based on the unique characteristics of the promisee can not be delegated. If a specific celebrity was hired to make a speech, they could not delegate the task to another person, even if the other person would give the same speech, word for word. However, a delegation of performance that does not pose such a threat will be held to be valid. In such a case, the obligee will be under an affirmative duty to cooperate with the delegatee to the extent necessary for the fulfillment of the delegator's obligations | A delegation will be null and void if it poses any threat to the commercially reasonable expectations of the obligee. For example, a task requiring specialized skills or based on the unique characteristics of the promisee can not be delegated. If a specific celebrity was hired to make a speech, they could not delegate the task to another person, even if the other person would give the same speech, word for word. However, a delegation of performance that does not pose such a threat will be held to be valid. In such a case, the obligee will be under an affirmative duty to cooperate with the delegatee to the extent necessary for the fulfillment of the delegator's obligations |