Delegation of duties under a contract generally does not relieve the delegator of liability unless there is:

• A. Mutual assent to delegation
• B. Novation transferring obligations to the delegate
• C. A new consideration paid to the delegator
• D. A written notice to the obligee only

Answer: (B)

The main concept is that delegation shifts the duty to perform, but the original party usually stays liable unless the contract is truly replaced. A novation is what releases the delegator: it’s an agreement among the obligee, the delegator, and the new performer that the new party will assume the obligations and the original promise is discharged. Only then does the delegator’s liability end.

Without a novation, simply agreeing to delegate, giving new consideration to the delegator, or sending written notice to the obligee does not release the original party. The obligations remain tied to the original party unless the obligee consents to substitute the new party and the old contract is extinguished—i.e., a novation.