A contract based on personal skill, interest or qualification must be ...
Answer:Introduction:
In contract law, there are certain types of contracts that require the promisor to perform the contractual obligations personally. These types of contracts are based on personal skill, interest, or qualification, and they generally cannot be delegated or assigned to someone else. However, there are exceptions and situations where the promisor may be allowed to perform the contract through a third party.
Explanation:
1. True: Contracts based on personal skill, interest, or qualification generally require the promisor to perform the contract personally. This is because these contracts are often entered into with the understanding that the promisor possesses a unique skill, talent, or expertise that is essential for the performance of the contract. The promisor's personal involvement is crucial to the fulfillment of the contract's purpose.
2. Exceptions:Although the general rule is that personal contracts must be performed by the promisor themselves, there are a few exceptions where the promisor may be allowed to delegate or assign the performance of the contract to a third party. These exceptions include:
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Consent of the promisee: If the promisee agrees to the substitution of another person to perform the contract, then the promisor may be allowed to assign their obligations. However, it is essential to note that the consent of the promisee is crucial in such situations.
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Impossibility or incapacity: If the promisor becomes physically or mentally incapable of performing the contract, or if performance becomes impossible due to unforeseen circumstances, the promisor may be excused from personal performance.
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Custom or usage of trade: In certain industries or trades, it is customary for contracts to be performed by employees, agents, or subcontractors. In such cases, the promisor may be permitted to delegate the performance of the contract.
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Statutory provisions: Some statutes or laws may specifically allow for the delegation or assignment of personal contracts under certain circumstances.
Conclusion:
In conclusion, the statement "A contract based on personal skill, interest, or qualification must be performed by the promisor himself" is
partly true. While personal contracts generally require the promisor's personal performance, there are exceptions where the promisor may be allowed to delegate or assign the obligations to a third party. These exceptions include the consent of the promisee, impossibility or incapacity, custom or usage of trade, and statutory provisions. It is important to consult the specific contract and applicable laws to determine the requirements for personal performance or delegation in each individual case.