Page 38 Flashcards Preview

Contracts FYLSE > Page 38 > Flashcards

Flashcards in Page 38 Deck (12):

If an express condition is strictly enforced, sometimes it leads to forfeiture and unjust enrichment, so what do courts do to prevent this?

They will excuse the condition to prevent a forfeiture as long as it isn't an essential part of the exchange. They balance the equities, consider the ethical positions, the injury suffered, and the materiality of the condition. Key: avoiding disproportionate forfeiture in relation to unconscionability


What are the three types of satisfaction?

Personal, reasonable person, and third-party


In what types of cases do you deal with satisfaction contracts?

Service contracts


What is personal satisfaction?

Subjective standard where promisor is the sole judge of quality and has the right to reject the work, if in good faith


Are personal satisfaction issues reviewed by a court?

Only if a party acted in bad faith


What is satisfaction of a reasonable person?

Objective standard where performance only needs to be reasonably satisfactory, and refusal by promisor is subject to court review


An example of a satisfaction of a reasonable person contact?

Refurbishing an item: satisfaction can be measured by a reasonable person. Personal satisfaction is irrelevant if a reasonable person would have accepted and approved of the performance


What is satisfaction of a third person?

Contract provisions that condition one party's payment on the personal satisfaction of a professional. Strict compliance is required unless expert acted in bad faith or unreasonably (which excuses the condition)


Examples of people that satisfaction of a third-party would be based on?

Architect, engineer, lawyer, etc. The contract relies on that professional's integrity


What is the only time that courts can review satisfaction of a third-party?

If the decision was fraudulent, capricious, made in bad faith, or there's not enough evidence to support it


In a satisfaction contract, what must be proven to negate that good faith was present?

Plaintiff must show defendant was actually satisfied but had other motives for rejecting performance


What happens in a satisfaction contract if the person rejects the work in bad faith?

The condition of satisfaction is excused