Bar Exam — MBE (Multistate Bar Exam)ContractsHard
A chef entered into a contract to cater a wedding reception for 200 guests for $10,000. The contract specified that the chef would provide a five-course meal. Due to an unexpected illness, the chef was unable to personally cater the event. Without informing the couple, the chef delegated the duty to prepare the meal to another equally skilled and reputable chef from his restaurant, who successfully catered the event to the satisfaction of the guests. The couple later discovered the delegation and refused to pay. Are the couple obligated to pay for the catering services?
- AYes, because the couple suffered no damages from the delegation.
- BNo, because delegation of duties is generally prohibited unless expressly permitted by the contract.
- CYes, because the substitute chef was equally skilled and performed the duties competently.
- DNo, because the chef's personal skills were a material part of the contract, making delegation improper.
Show answer & explanationAnswer & explanation
Correct answer: D. No, because the chef's personal skills were a material part of the contract, making delegation improper.
While contractual duties are generally delegable, personal service contracts where the unique skill, reputation, or judgment of a specific individual is a material part of the contract are typically not delegable without the consent of the other party. A specific chef catering a wedding falls into this category.
Why the other options are wrong
- A. This is incorrect. The lack of damages does not validate an improper delegation of personal services; the breach lies in the delegation itself.
- B. This is incorrect. Duties are generally delegable unless the contract prohibits it, or the duty is personal in nature.
- C. This is incorrect. While the substitute chef performed competently, the issue is whether the duty was delegable at all, given the personal nature of the service.
Delegation of Personal Service Duties
Contractual duties are generally delegable, but duties involving personal skill, reputation, or judgment of a specific individual are not delegable without the consent of the other contracting party.
- Applies to personal service contracts (e.g., artists, specific professionals).
- The identity of the performing party is a material element of the contract.
- Delegation without consent constitutes a breach of contract.
- Distinguish from assignment of rights, which is generally freer.
Memory trick: Duties Delegate, Unless the Doer is Distinctly Designated.