Edna is a leading brain surgeon in the United States.She enters into a contract to perform a complicated brain surgery on Ben.However,since Edna is very busy,she wants to assign this contract to a less experienced surgeon,Charles.This would be Charles's first operation of this type.Ben can object to this assignment and prevent it because the contract between Ben and Edna is a(n):
A)contract for services to be performed in the future.
B)contract involving personal skill.
C)services contract.
D)employment contract.

Question

Quizplus · Accepted Answer

The UCC and Section 318(2)of the Restatement (Second)of Contracts take the position that a party to a contract may delegate his/her duty to perform to another person unless the parties have agreed to the contrary or unless the other party has a substantial interest in having the original obligor perform the acts required by the contract.The "substantial interest" is determined by is the degree to which performance is dependent on the individual traits,skill,or judgment of the person who owes the duty to perform.In this case, Edna must perform the duty;she cannot delegate it to anyone else.

Edna Is a Leading Brain Surgeon in the United States