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§ 59.1-503.9 Agreement for performance to party’s satisfaction

a. Except as otherwise provided in subsection (b), an agreement that provides that the performance of one party is to be to the satisfaction or approval of the other party requires performance sufficient to satisfy a reasonable person in the position of the party that must be satisfied.

b. Performance must be to the subjective satisfaction of the other party if:

1. the agreement expressly so provides, such as by stating that approval is in the “sole discretion” of the party, or words of similar import; or

2. the agreement is for informational content to be evaluated in reference to subjective characteristics such as aesthetics, appeal, suitability to taste, or subjective quality.

History

This law was first created in 2000. The record of its establishment is cataloged in chapters 101 and 996 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year.

2000, cc. 101, 996.

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