One of the principal duties of an agent is expressed the maxim “delegates non potest delegare.”
State and identify five circumstances under which this rule or maxim does not apply.
ANSWER
This maxim literally means that “delegates must not delegate.” This maxim does not apply where
- The sub-delegation is authorized the contract between the parties.
- It is authorized law.
- It is effected with the principals knowledge.
- It is authorized trade usage or custom.
- It is reasonably necessary for performance.
- In cases of emergency.