Substitute (Contracts)

Substitute, ^* contracts. One placed under another to transact business for him; in letters of attorney, power is generally given to the attorney to nominate and appoint a substitute.

2. Without such power, the authority given to one person cannot in general be delegated to another, because it is a personal trust and confidence, and is not therefore transmissible. The authority is given to him to exercise his judgment and discretion, and it cannot be said that the trust and confidence reposed in him shall be exercised at the discretion of another. 2 Atk. 88; 2 Ves. 645. But an authority may be delegated to another, when the attorney has express power to do so. Bunb. 166; T. Jones, 110. See Story, Ag. §§13, 14. When a man is drawn in the militia, he may in some cases hire a substitute.

^* From Bouvier's Law Dictionary, 1856 Edition. Please see Bouvier's Legal Abbreviations & Abbreviated References for help with obscure nomenclature & references.