A common law duty is delegable even though the
A. Duty to be performed involves personal services.
B. Delegation will result in a material variance in performance by the delegatee.
C. Duty delegated is the payment of money and the delegatee is not of as equal creditworthiness as the delegator.
D. Contract provides that the duty is nondelegable.
Answer:C
C is corrent because a duty to pay money can be delegated even though the delegatee is not as creditworthy as the delegator. This fact by itself does not mean that the delegation will materially change the risk of the other party, since the payment of money does not result in a materially different performance to the obligee.
A is incorrect because the identity of the one performing the services is an essential term (i.e., a personal services contract); changing that identity through delegation cannot be done without consent of the obligee.
B is incorrect because delegation cannot be made if the result would be a material variance in the benefits to be received by the obligee.
D is incorrect because if a common law contract provides that a duty is nondelegable this effectively limits the ability to delegate.