Privity of Contract, Creative Essay Example

Generally speaking, a promisor cannot escape his liability to the promisee by appointing a substitute for himself without the consent of the promisee.  However, sometimes a party arranges for someone else to carry out his duties, though that party remains responsible to the promisee for proper performance.  This is known as vicarious performance.

A promisor may ask a third party to perform vicariously when personal performance by the promisor was not the reason why the promisee entered into the contract.  When this type of performance is allowed, the promisee generally cannot complain if someone other than the promisor turns up and does the work equally well.  However, it would be unacceptable when personal performance is expected.

In this case, Rigoletto, a renowned opera singer was contracted to give a concert.  At the very last minute, and after much expense by the promisee, this singer notified the promisee that he was no longer going to perform.  In Rigoletto’s defense, he did arrange a substitute performance, but no court would consider this an occasion where vicarious performance is acceptable.  The sponsors in Halifax most likely only entered into the contract because Rigoletto was going to perform.  In this type of case, vicarious performance would not apply, because of the personal nature of the services promised.  Therefore, the sponsors in Halifax could successfully sue Rigoletto for breach of contract.