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Simple English definitions for legal terms
vicarious performance
Read a random definition: Treaty Clause
A quick definition of vicarious performance:
Vicarious performance is when someone else does a job or task for you, like an employee or agent. This is okay if the job doesn't require your personal touch or skills. You are still responsible for making sure the job is done right, even if someone else does it for you.
A more thorough explanation:
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.
vicarious exhaustion of remedies | vicarious reduction to practice