133 Wis. 2d 228 - Brooks v. Hayes’s Empirical Analysis
1986
Citation profile
10 federal appellate · 2 district · 47 state decisions
How this case has been cited
Cited by 71 later decisions — most recently June 2019 · most notably Gazo v. City of Stamford (2001), 144 Wis. 2d 188 - Pamperin v. Trinity Memorial Hospital (1988)
10 federal appellate · 2 district · 47 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 94 Wis. 2d 153 - County of Columbia v. Bylewski · 83 Wis. 2d 40 - Arsand v. City of Franklin · 110 Wis. 2d 716 - Landwehr v. Citizens Trust Co. · Colton v. Foulkes · 15 Wis. 2d 207 - Fisher v. Simon
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Hayes [the obligor] has confused delegation of the performance of an obligation with delegation of responsibility for the performance of an obligation. The rule for delegation of the performance of a contractual obligation is that the obligor may delegate a contractual duty without the obligee’s consent unless the duty is ‘personal.’ The rule for delegation of responsibility is that if the obligor delegates the performance of an obligation, the obligor is not relieved of responsibility for fulfilling that obligation or of liability in the event of a breach. The obligor under the contract is treated as having rendered the performance even when an independent contractor has rendered it, and the obligor remains the party liable for that performance if the performance proves to be in breach of the contract [footnote omitted]. Where the obligee consents to the delegation, the consent itself does not release the obligor from liability for breach of contract. More than the obligee’s consent to a delegation of performance is needed to release the obligor from liability for breach of contract. For the obli-gor to be released from liability, the obli-gee must agree to the release. If there is an agreement between the obligor, ob-ligee and a third party by which the third party agrees to be substituted for the obligor and the obligee assents thereto, the obligor is released from liability and the third person takes the place of the obligor. Such an agreement is known as a novation, [fo”
7 later decisions quote this exact passage“accompanying every contract is a common-law duty to perform with care, skill, reasonable expediency and faithfulness the thing they agreed to be done, and a negligent failure to observe any of these conditions is a tort, as well as a breach of contract.”
2 later decisions quote this exact passage“discharge the liability of the delegating obligor to the obligee for breach of contract.”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.