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. Three parties are concerned with this act - the party who had incurred the obligation to perform under the contract is called the ''delegator''; the party who assumes the responsibility of performing this duty is called the ''delegatee''; and the party to whom this performance is owed is called the ''obligee''. ==Delegable contracts== A delegation will be null and void if it poses any threat to the commercially reasonable expectations of the obligee. For example, a task requiring specialized skills or based on the unique characteristics of the promisee can not be delegated. If Bill Clinton were hired to make a speech, he could not delegate the task to another person, even if the other person would give the same speech, word for word. However, a delegation of performance that does ''not'' pose such a threat will be held to be valid. In such a case, the obligee will under an affirmative duty to cooperate with the delegatee to the extent necessary for the fulfillment of the delegator's obligations under the contract. ==Breach of a delegated contract== If the delagatee fails to perform satisfactorily, the obligee may elect to treat this failure as a breach of the original contract by the delegator ''or'' may assert himself as a third party beneficiary of the contract between the delagator and the delegatee, and can claim all remedies due to a third party beneficiary. If the delegation is without consideration, the delagator remains liable for nonperformance, while the delagatee will not be liable to anyone for anything. Unlike an assignment, a delegation is virtually always for consideration, and never donative - few people are going to accept the charitable offer to perform a task contracted to someone else. ==Compare: assignment== A parallel concept to delegation is assignment (law), 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). Contract law
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Words begining with Delegation_(law):
Delegation_(law)
Delegation (law)
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. Three parties are concerned with this act - the party who had incurred the obligation to perform under the contract is called the ''delegator''; the party who assumes the responsibility of performing this duty is called the ''delegatee''; and the party to whom this performance is owed is called the ''obligee''. ==Delegable contracts== A delegation will be null and void if it poses any threat to the commercially reasonable expectations of the obligee. For example, a task requiring specialized skills or based on the unique characteristics of the promisee can not be delegated. If Bill Clinton were hired to make a speech, he could not delegate the task to another person, even if the other person would give the same speech, word for word. However, a delegation of performance that does ''not'' pose such a threat will be held to be valid. In such a case, the obligee will under an affirmative duty to cooperate with the delegatee to the extent necessary for the fulfillment of the delegator's obligations under the contract. ==Breach of a delegated contract== If the delagatee fails to perform satisfactorily, the obligee may elect to treat this failure as a breach of the original contract by the delegator ''or'' may assert himself as a third party beneficiary of the contract between the delagator and the delegatee, and can claim all remedies due to a third party beneficiary. If the delegation is without consideration, the delagator remains liable for nonperformance, while the delagatee will not be liable to anyone for anything. Unlike an assignment, a delegation is virtually always for consideration, and never donative - few people are going to accept the charitable offer to perform a task contracted to someone else. ==Compare: assignment== A parallel concept to delegation is assignment (law), 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). Contract law
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Delegation_(law)
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