Legal Definitions - personal contract

A personal contract is a type of legal agreement where the specific identity, unique skills, or particular characteristics of one of the parties are considered essential to the performance of the agreement. Unlike many other contracts, the obligations under a personal contract cannot typically be transferred or delegated to another person without the explicit consent of the other party, because the agreement was made specifically with that individual or entity in mind.

Here are some examples to illustrate this concept:

• Example 1: Commissioning a Specific Artist

  A city council contracts with a renowned local artist, Maria, to paint a large mural depicting the city's history on the side of the new community center. The council chose Maria specifically because of her distinctive artistic style and her reputation for vibrant, historically accurate public art.

  This is a personal contract because the city council is not simply hiring "a painter"; they are hiring Maria for her unique artistic vision and skill set. If Maria were unable to complete the mural, she could not simply send another artist in her place without the council's explicit agreement, as the essence of the contract is tied to her individual talent.

• Example 2: Hiring a Specialized Consultant

  A tech startup hires Dr. Anya Sharma, a leading expert in blockchain security, to conduct a comprehensive audit of their new cryptocurrency platform. The startup specifically sought Dr. Sharma due to her unparalleled expertise and trusted reputation in a highly specialized field.

  This agreement is a personal contract because the startup is relying on Dr. Sharma's specific, high-level knowledge and experience. They wouldn't accept another cybersecurity professional as a substitute without her unique qualifications, as the value of the contract lies in her individual expertise and the trust placed in her specific abilities.

• Example 3: Booking a Lead Performer

  A Broadway production company signs a contract with a celebrated actor, David Chen, to play the lead role in their upcoming musical. David was chosen for his unique vocal range, stage presence, and established fan base.

  This is a personal contract because the production company is contracting for David Chen's specific talents and appeal. If David were unable to perform, the company could not simply replace him with any other actor without potentially breaching the contract or significantly altering the value of the production, as his individual contribution is central to the agreement.