Explain Vicarious Performance

Question

Illustrate what do you mean by Vicarious Performance?

Answer 1

Vicarious performance refers to condition where a party to a contract attains someone else to carry out their duties. Vicarious performance is allowed only when personal performance by promisor that is not the cause why the promisee which entered into contract, as would be case e.g. when a musician is hired for a concert.

Original promisor remains accountable for proper performance. Employee who did work can look only to the promisor for payment. As long as work is complete as well as accepted, party entitled to presentation has no complaint. If there is a problem with presentation, and there was an implied or express promise to perform personally, party entitled to performance might sue for breach of contract.