Contracts II
Delegation
Restatement Second of Contracts § 318
Restatement Second of Contracts § 318Delegation of Performance of Duty
- 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.
- 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.
- 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.
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