Legal Definitions - vicarious performance

Vicarious performance is when someone else performs a duty or obligation on behalf of the original person who made the agreement. This can be done by an employee, agent, or other nominee.

For example, if a company hires a contractor to build a new office building, the contractor may hire subcontractors to do some of the work. The subcontractors are performing vicarious performance because they are doing the work on behalf of the contractor.

Another example is when a musician hires a backup band to perform with them at a concert. The backup band is performing vicarious performance because they are playing the music on behalf of the musician.

Vicarious performance is different from assigning a contractual liability because the original person who made the agreement remains liable for the performance, even if someone else is doing the work. However, if the work is done poorly, the original person is still responsible for any consequences.