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Amelia contracts to have her portrait painted by Hamilton for $10,000.Hamilton assigns the contract to Drew,another artist.Has there been a valid delegation of duties here? Why or why not?
On May 10, 2024
There is no delegation of duties here.In this case,the other party (Amelia)has a substantial interest in having Hamilton paint her portrait.The key factor used in determining whether the obligee has such a substantial interest is the degree to which performance is dependent on the individual traits,skill,or judgment of the person who owes the duty to perform.Therefore,under the Restatement (Second)of Contracts,the duty was not delegable.