Contracts II

Restatement Second of Contracts § 319


Delegation of Performance of Condition

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  1. Where a performance by a person is made a condition of a duty, performance by a person delegated by him satisfies that requirement unless the delegation is contrary to public policy or the terms of the agreement.
  2. Unless otherwise agreed, an agreement requires performance of a condition by a particular person only to the extent that the obligor has a substantial interest in having that person perform or control the acts required.