This site is a developmental version of Wiki Law School. To go to the production site: www.wikilawschool.org
Contracts/Delegation: Difference between revisions
en>BD2412 m (Delegation (law)) |
en>BD2412 mNo edit summary |
||
| Line 1: | Line 1: | ||
'''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''' 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. | ||
A parallel concept to delegation is [[assignment (law)|assignment ]], which occurs when one party transfers his present rights to receive the benefits accruing to the assignor under that contract. A delegation and an assignment can be accomplished at the same time, although 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. | If the delegation is without [[consideration]], the delagator remains liable for nonperformance, while the delagatee will not liable to anyone for anything. | ||
Revision as of 14:49, June 11, 2005
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.
A parallel concept to delegation is assignment , which occurs when one party transfers his present rights to receive the benefits accruing to the assignor under that contract. A delegation and an assignment can be accomplished at the same time, although 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.
