Personal performance requirement: when promises require personal skill, the promisor must perform; otherwise delegation permitted. Personal performance is required where the parties intended, from the nature of the contract, that the promisor perform the promise personally; otherwise the promisor or the promisor's representatives may employ a competent person to perform the promise, illustrated by payment (delegable) versus painting a picture (non-delegable).
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Personal performance requirement: when promises require personal skill, the promisor must perform; otherwise delegation permitted.
Personal performance is required where the parties intended, from the nature of the contract, that the promisor perform the promise personally; otherwise the promisor or the promisor's representatives may employ a competent person to perform the promise, illustrated by payment (delegable) versus painting a picture (non-delegable).
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.