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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''. | |||
==Contract law== | |||
===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 | |||
== | ===Breach of a delegated contract=== | ||
If the delegatee fails to perform satisfactorily, the obligee may elect to treat this failure as a breach of the original contract by the delegator ''or'' may assert himself as a [[third party beneficiary]] of the contract between the delegator and the delegatee, and can claim all remedies due to a third party beneficiary. | |||
If the delegation is without [[Contracts/Consideration|consideration]], the delegator remains liable for nonperformance, while the delegatee will not be liable to anyone for anything. Unlike an assignment, a delegation is virtually always for consideration, and never donative - few people are going to accept the charitable offer to perform a task contracted to someone else. | |||
If the | |||
===Compare: assignment=== | |||
A parallel concept to delegation is [[Contracts/Assignment|assignment]], which occurs when one party transfers his present rights to receive the benefits accruing to the assignor under that contract. A delegation and an assignment can be accomplished at the same time, although the right to sue for nonpayment always stays with delegator. Under the common law, a contract clause prohibiting assignment also prohibits delegation. Another common law rule requires that a party to a contract can not delegate performance that involves special skills or reputation (although it is possible to have a [[Contracts/Novation|novation]] under such circumstances). | |||
== | ==References== | ||
{{reflist}} | |||
== External links == | == External links == | ||
* [http://penelope.uchicago.edu/Thayer/E/Roman/Texts/secondary/SMIGRA*/Intercessio.html Intercessio] | * [http://penelope.uchicago.edu/Thayer/E/Roman/Texts/secondary/SMIGRA*/Intercessio.html Intercessio] | ||
Latest revision as of 21:40, September 26, 2023
In contract law and 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.
Contract law[edit | edit source]
Delegable contracts[edit | edit source]
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
Breach of a delegated contract[edit | edit source]
If the delegatee fails to perform satisfactorily, the obligee may elect to treat this failure as a breach of the original contract by the delegator or may assert himself as a third party beneficiary of the contract between the delegator and the delegatee, and can claim all remedies due to a third party beneficiary.
If the delegation is without consideration, the delegator remains liable for nonperformance, while the delegatee will not be liable to anyone for anything. Unlike an assignment, a delegation is virtually always for consideration, and never donative - few people are going to accept the charitable offer to perform a task contracted to someone else.
Compare: assignment[edit | edit source]
A parallel concept to delegation is assignment, which occurs when one party transfers his present rights to receive the benefits accruing to the assignor under that contract. A delegation and an assignment can be accomplished at the same time, although the right to sue for nonpayment always stays with delegator. Under the common law, a contract clause prohibiting assignment also prohibits delegation. Another common law rule requires that a party to a contract can not delegate performance that involves special skills or reputation (although it is possible to have a novation under such circumstances).