Delegation of the Duties

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Delegation of the Duties by Mind Map: Delegation of the Duties

1. Delegation is the process of delegating the duty of the delegator to the delegatee

2. Duties are freely delegable if the duty is commercial or capable of objective evaluation

2.1. Duties are not delegable if there is an anti-delegation clause or the duty is personal, aesthetic or not capable of objective evaluation

2.1.1. Exception: A personal, aesthetic or not capable of objective evaluation may be delegated if there has been a waiver to allow the delegation.

3. Parties in a delegation

3.1. Person Owed the Duty

3.2. Delegator

3.2.1. The party that originally owed the duty but is transfering the duty

3.3. Delegatee

3.3.1. The party who will assume the duty

4. A Delegator is still liable for the performance of the duty unless there has been a novation

5. An effective delegation will ALWAYS create a third party beneficiary contract.