California First-Year Law Students' Exam (Baby Bar) — MCContractsMedium

A homeowner contracts with a construction company to build a new addition for $100,000. The contract specifies that the final payment of $20,000 is due "upon satisfactory completion of the work, as determined by the homeowner." After the construction is finished, the homeowner expresses dissatisfaction with the aesthetic appearance of a custom-built cabinet, even though it meets all industry standards for quality and functionality. The homeowner refuses to make the final payment. In a jurisdiction that applies an objective standard for satisfaction clauses, what is the likely outcome?

  1. AThe homeowner is justified in withholding payment because the contract explicitly grants them the discretion to determine satisfaction.
  2. BThe construction company is entitled to the final payment because a reasonable person would be satisfied with the work, meeting industry standards.
  3. CThe homeowner must pay for the work, but the construction company must remedy the aesthetic issues to the homeowner's subjective satisfaction.
  4. DThe contract is unenforceable due to the illusory nature of the satisfaction clause, lacking mutuality of obligation.
Show answer & explanation

Correct answer: B. The construction company is entitled to the final payment because a reasonable person would be satisfied with the work, meeting industry standards.

When a contract includes a satisfaction clause that is not personal in nature (like construction), courts typically apply an objective standard. If a reasonable person would be satisfied, payment is due, irrespective of the homeowner's subjective aesthetic preferences.

Why the other options are wrong

  • A. This would be true under a subjective standard, but not an objective one where the work is not personal.
  • C. The construction company is generally not required to meet subjective aesthetic desires if the work meets objective standards, especially for a final payment under an objective satisfaction clause.
  • D. Satisfaction clauses are generally enforceable, especially with an objective standard, and do not typically render a contract illusory.

Objective Satisfaction Clause

A contract provision where performance must satisfy one party, but the standard for satisfaction is what a reasonable person would deem satisfactory, rather than the party's personal feelings.

  • Applied when performance is commercial or mechanical in nature.
  • Protects against arbitrary refusal of payment or acceptance.
  • Differs from subjective satisfaction, which applies to matters of personal taste.

Memory trick: Satisfy the reasonable judge, or just the picky client?

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