vicarious performance

Vicarious performance of a personal contract will not discharge the vendor nor bind the customer.

The vendor may simply refuse to consider a retention or deferred payment since after completion it will simply not have the facilities to perform any remaining contractual obligations and vicarious performance by the purchaser is not possible or is inappropriate.

Under Mormon theology, vicarious performance of the ordinance of baptism and other temple ordinances does not automatically make a deceased individual a Mormon, but rather allows the person (believed by Mormons to be alive in the afterlife) the option of freely accepting or rejecting the ordinances performed on their behalf.

However, the purchaser should ensure that this only applies to obligations to the extent that they have been disclosed and ensure that it will not be required to perform the obligations if such vicarious performance would be a breach of the relevant contract (see clause 8.2(b) of the standard sale agreement-Appendix III).