Contracts II


Restatement Second of Contracts § 318
Restatement Second of Contracts § 318

Delegation of Performance of Duty

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  1. An obligor can properly delegate the performance of his duty to another unless the delegation is contrary to public policy or the terms of his promise.
  2. Unless otherwise agreed, a promise requires performance by a particular person only to the extent that the obligee has a substantial interest in having that person perform or control the acts promised.
  3. Unless the obligee agrees otherwise, neither delegation of performance nor a contract to assume the duty made with the obligor by the person delegated discharges any duty or liability of the delegating obligor.
Copyright, The American Law Institute

Conditional duties are delegable. R2C § 319.