Delegation (law)

Contract law

Part of the common law series
Contract formation

* Offer and acceptance
* Posting rule
* Mirror image rule
* Invitation to treat
* Firm offer
* Consideration
* Implication-in-fact
* Collateral contract

Defenses against formation

* Lack of capacity
* Duress
* Undue influence
* Illusory promise
* Statute of frauds
* Non est factum

Contract interpretation

* Parol evidence rule
* Contract of adhesion
* Integration clause
* Contra proferentem

Excuses for non-performance

* Mistake
* Misrepresentation
* Frustration of purpose
* Impossibility
* Impracticability
* Illegality
* Unclean hands
* Unconscionability
* Accord and satisfaction

Rights of third parties

* Privity of contract
* Assignment
* Delegation
* Novation
* Third-party beneficiary

Breach of contract

* Anticipatory repudiation
* Cover
* Exclusion clause
* Efficient breach
* Deviation
* Fundamental breach

Remedies

* Specific performance
* Liquidated damages
* Penal damages
* Rescission

Quasi-contractual obligations

* Promissory estoppel
* Quantum meruit
* Unjust enrichment

Related areas of law

* Conflict of laws
* Commercial law

Other common law areas

* Tort law
* Property law
* Wills, trusts, and estates
* Criminal law
* Evidence

* v
* t
* e

In contract law and administrative law, delegation (Latin intercessio) is 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.

## Contents

* 1 Contract law
* 1.1 Delegable contracts
* 1.2 Breach of a delegated contract
* 1.3 Compare: assignment
* 2 Administrative law
* 3 See also
* 4 References
* 5 External links

## Contract law

### 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 a specific celebrity was hired to make a speech, they 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 be under an affirmative duty to cooperate with the delegatee to the extent necessary for the fulfillment of the delegator's obligations

### Breach of a delegated contract

If the delegatee 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 delegator and the delegatee, and can claim all remedies due to a third party beneficiary.

If the delegation is without consideration, the delegator remains liable for nonperformance, while the delegatee 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, 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 delegator. 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).

## Administrative law

In Administrative Law (the law that controls government action and decisions) a delegation is the process of handing some administrative action or decision to a subordinate. It is achieved through two mechanisms:

1. Where a statute or Delegated legislation appoints an "authorized person" to manage the power for a minister or CEO. Here the delegate acts in their own name, and the delegation is a position that does not cease with the appointment of a new delegate.[1]
2. In some circumstances a person in whom some power is vested can authorize another person to exercise that power on their behalf.[2][3] Here the underling is appointed to act as if they were the authorized person,[2] usually for the Administrative necessity[4][5] of managing huge work loads in a government department. Here the delegate acts in person of the authorized person rather than in their own name, and the delegator can still exercise the powers as necessary[6] even though much of the day-to-day operations are enacted by subordinates.

Concerns often arise when law-making powers are delegated to agencies in administrative law because of agency heads are not elected by the people.[7] However, there are many times when delegating law-making authority to an agency is appropriate, especially when the legislature lacks the capacity or expertise to handle a randomly evolving issue that affects multiple jurisdictions [7]

## See also

* Regulatory law
* Delegated legislation
* Delegated legislation in the United Kingdom
* Abrogation in public law

## References

1. ↑ Kelly v Watson [1985] FCA 278, (1985) 10 FCR 305, Federal Court (Australia).
2. ↑ 2.0 2.1 Carltona v Commissioners of Works [1943] 2 All ER 560.
3. ↑ O’Reilly v State Bank of Victoria Commissioners [1983] HCA 47, (1983) 153 CLR 1 (14 April 1983), High Court (Australia).
4. ↑ Sandra Investments Pty Ltd v Booth [1983] HCA 46 [1983] HCA 46, (1983) 153 CLR 153, High Court (Australia).
5. ↑ O’Reilly v State Bank of Victoria Commissioners [1983] HCA 47, (1983) 153 CLR 1 per Brennan J.
6. ↑ Huth v Clarke (1890) 25 QBD 391 at 395 per Wills J.
7. ↑ 7.0 7.1 Kealy, Sean. "African Parliamentary Knowledge Network Legislative Handbook: Using Evidence to Design and Assess Legislation". http://sites.bu.edu/dome/files/2016/02/APKN-Legislative-Handbook-5.pdf.

## External links

* Intercessio

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