Circumstances under which “Delegates non potest delegare.” or maxim does not apply

This maxim literally means that “delegates must not delegate.” This maxim does not apply where:

  1. The sub-delegation is authorized by the contract between the parties.
  2. It is authorized by law.
  3. It is effected with the principals knowledge.
  4. It is authorized by trade usage or custom.
  5. It is reasonably necessary for performance.
  6. In cases of emergency.

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