LAW 506-002 – Contracts II

Delegation


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.

Conditional duties are delegable. R2C § 319.