Most duties are delegable but delegation does not by

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Most duties are delegable, BUT delegation does not by itself relieve the delegator of his own liability to perform the contract What Duties are Delegable? An obligor may delegate his duties unless (1) delegation would violate public policy, or (2) the original contract prohibits delegation, or (3) the obligee has substantial interest in personal performance by the obligor Public Policy Example: a public works contract Contract Prohibition Very common for a contract to prohibit delegation Substantial Interest in Personal Performance Services of lawyers, doctors, dentists, artists, performers are considered too personal to be delegated Generally, when the work will test the character, skill, discretion and good faith of the obligor, she may not delegate her job Improper Delegation and Repudiation If delegation occurs in spite of a proper refusal to allow delegation, the contract has been repudiated by the delegating CHAPTER 17: THIRD PARTIES 3
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BLAW 2301 - POLZE BUSINESS AND PUBLIC LAW party Novation Novation: A three-way agreement in which the obligor transfers all rights and duties to a third party The obligee agrees to look only to the third party for performance HDRE Business Partners Ltd. Group LLC v. RARE Hospitality Int’l, Inc. (2016) CHAPTER 17: THIRD PARTIES 4
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  • Spring '14
  • DanielBuechler
  • Business Law, Contract Law, BLAW, Public Law, Cengage, UTD, UT Dallas, 2301, Novation, Business And Public Law

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