Back to Questions
The Title 28 of the United States Code QUESTION #3719
Question 1
A painter agrees to paint a portrait for $\text{\$5,000}$, with payment due 'only if I am 100% satisfied with the likeness.' The painter does a high-quality job that meets all professional standards, but the client says, 'I just don't like it,' and refuses to pay. Can the painter recover?
  • Yes, if a 'reasonable person' would be satisfied with the portrait.
  • No, because satisfaction clauses regarding art/personal taste are governed by a subjective standard.✔️
  • Yes, because the client is acting in bad faith.
  • No, because the contract was an 'illusory promise.'
Correct Answer Explanation
For contracts involving personal taste or aesthetics (like a portrait), a 'satisfaction' clause is governed by a subjective standard. As long as the dissatisfaction is honest (not necessarily reasonable), the condition is not met.