California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 9 — Agency, Chapter 1 — Agency in General, Article 5 — Delegation of Agency, Section 2349

An agent, unless specially forbidden by his principal to do so, can delegate his powers to another person in any of the following cases, and in no others:

1. When the act to be done is purely mechanical;

2. When it is such as the agent cannot himself, and the sub-agent can lawfully perform;

3. When it is the usage of the place to delegate such powers; or,

4. When such delegation is specially authorized by the principal.

Notes

Allows an agent to delegate powers unless the principal specially forbids delegation, but only when the act is purely mechanical, the agent cannot perform it and the subagent lawfully can, local usage permits delegation, or the principal specially authorizes it. Bars delegation outside those four stated circumstances.

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