Contracts/Delegation
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
Delegation is a term used in the law of contracts to describe the act of giving another person the responsibility of carrying out the performance agreed to in a contract.
Delegation and assignment can be done at the same time, but the right to sue for nonpayment always stays with delagator. 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.)
If the delegation is without consideration, the delagator remains liable for nonperformance, while the delagatee will not liable to anyone for anything.
