Delegation: Difference between revisions

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delegation, and agency, is a fertile source of legal maxim. Two crackers:
[[Delegation]], like [[agency]], is a fertile source of legal [[maxim]].
 
Two crackers:
*[[Delegatus non potest delegare]] - someone to whom you have delegated a power cannot, unless you have specifically empowered that person to do so, onwardly delegate it;
*[[Delegatus non potest delegare]] - someone to whom you have delegated a power cannot, unless you have specifically empowered that person to do so, onwardly delegate it;
*[[Nemo dat quod non habet]] one cannot give, or delegate, a right you don't have.  
*[[Nemo dat quod non habet]] one cannot give, or delegate, a right you don't have.  
This latter one ought, but does not, nix that tedious drafting construction: “neither X, ''[[nor anyone acting on its behalf]]'', may do Y”. For if, by the lights of the law, X has no right to do a thing, it follows as a matter of ineffable Latin logic that nor may any of X’s servants, [[agent]]s, [[mediocre lawyer|attorney]]s, [[nominee]]s or [[delegate]]s, unless that person happens independently to have {{sex|her}} own right to do it, conferred by some other means — in which case this stipulation will singularly fail to prevent that person from doing that thing anyway.
This latter one ought, but does not, nix that tedious drafting construction: “neither X, ''[[nor anyone acting on its behalf]]'', may do Y”. For if, by the lights of the law, X has no right to do a thing, it follows as a matter of ineffable Latin logic that nor may any of X’s servants, [[agent]]s, [[mediocre lawyer|attorney]]s, [[nominee]]s or [[delegate]]s, unless that person happens independently to have {{sex|her}} own right to do it, conferred by some other means — in which case this stipulation will singularly fail to prevent that person from doing that thing anyway.
{{Delegation vs subcontract}}
{{seealso}}
{{seealso}}
*[[Circle of delegation]]
*[[Circle of delegation]]
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*[[Escalation]]
*[[Escalation]]
*[[Circle of escalation]]
*[[Circle of escalation]]
*[[Delegation]]
*[[Depositary]]
*[[Prime Broker]]
{{egg}}{{todo}}
{{egg}}{{todo}}

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