Personal Satisfaction Contracts Example 1: Fred hires Ginger to paint an oil por

Question

Personal Satisfaction Contracts Example 1: Fred hires Ginger to paint an oil portrait of Fred and his family. Fred includes in his contract with Ginger this clause: "Painter agrees that buyer's obligation to pay is conditional upon, in addition to timely completion of the painting, buyer's personal satisfaction with the completed painting." Ginger reads the clause, does not say anything about it, and signs the contract. Fred also signs. When the painting is done, Fred says he doesn't like it and refuses to pay. Ginger sues Fred for the agreed upon price of $1,000. Who wins? 93

Explanation / Answer

Fred wins because where the subject matter is directly related to personal taste judgement and opinions as is the case with the painting a personal portrait the standard is subjective Fred is judging in good faith must be satisfied or the payment need not to be made

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