When is delegation of duties generally permissible?

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When is delegation of duties generally permissible?

Delegation of duties is generally permissible in contract law. A party can appoint someone else to perform contractual duties unless the contract requires personal performance or involves a service that demands a special level of trust or skill. The key point is that delegating does not free the original promisor from liability—the delegator remains responsible to the other party if the delegatee fails to perform, unless there is a novation that substitutes the delegatee for the delegator. This explains why the correct understanding is that delegation is allowed in general, but the delegator can still be liable.

Delegation of duties is generally permissible in contract law. A party can appoint someone else to perform contractual duties unless the contract requires personal performance or involves a service that demands a special level of trust or skill. The key point is that delegating does not free the original promisor from liability—the delegator remains responsible to the other party if the delegatee fails to perform, unless there is a novation that substitutes the delegatee for the delegator. This explains why the correct understanding is that delegation is allowed in general, but the delegator can still be liable.

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