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CHAPTER 4 ‘Who’s doing what and for whom?’: recent developments on delegated contractual performance

International Trade and Carriage of Goods

Page 52 Page 53 Page 54 Page 55 CHAPTER 4 ‘Who’s doing what and for whom?’: recent developments on delegated contractual performance ‘Who’s doing what and for whom?’: recent developments on delegated contractual performance Simon Rainey QC 1 4.1 Introduction: delegated performance It is a common phenomenon for a contractual party to delegate the performance of a non-delegable contractual obligation to a third party. In the context of contractual chains, it will invariably be the case that the intermediate parties delegate performance of their obligations to the parties at either end of the chain. Such delegation gives rise to the issue of the circumstances in which the contractual party will be liable for the acts or omissions of the third party delegate.

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