Asked by Briana Robinson on Jul 05, 2024
Verified
Sally and Matteo enter into a contract in which Matteo, a professional painter, agrees to paint a picture of a ship and Sally promises to pay $100 to Matteo for the painting. Sally pays Matteo $100 but he delegates the painting job to his next door neighbor. Is Matteo's delegation legally valid?
A) Yes, because obligations under a contract can always be assigned.
B) Yes, because the contract was not one for personal services.
C) No, because obligations under a contract can never be delegated.
D) No, because the duties under the contract were personal in nature.
E) No, because it would increase the burden on Sally to pay Felipe instead of Matteo.
Delegation
A contracting party’s (a delegator’s) transfer of his or her duty to perform to a third party who is not part of the original contract (a delegatee).
Personal Services
Services provided by individuals based on their unique skills or talents, often involving physical or mental efforts rather than producing goods.
- Recognize the conditions under which contractual obligations can be legally delegated.
Verified Answer
JP
Julisa PerezJul 08, 2024
Final Answer :
D
Explanation :
The duties under the contract were personal in nature, as it involved Matteo's personal skill as a professional painter, which cannot be delegated to someone else without Sally's consent.
Learning Objectives
- Recognize the conditions under which contractual obligations can be legally delegated.
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