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	<title>Comments on: July 2010 MBE Question of the Day #23</title>
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	<description>All things related to studying for and passing the bar exam, brought to you by the staff of MicroMash Bar Review</description>
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		<title>By: Dina Allam</title>
		<link>http://barexambrief.com/2010/06/19/july-2010-mbe-question-of-the-day-23-answer/comment-page-1/#comment-2263</link>
		<dc:creator>Dina Allam</dc:creator>
		<pubDate>Sun, 20 Jun 2010 15:04:23 +0000</pubDate>
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		<description>Answer B is correct. The quoted language is an express condition precedent to the farmer&#039;s obligation to pay for the work. The issue is the construction of the words, &quot;full and complete satisfaction.&quot; There are three possibilities. Answer A represents the extreme position where a person can reject the job even if he does not honestly believe that it is bad. This position is not upheld by courts under any circumstances.

Answer C is the good-faith standard which applies when the satisfaction relates to taste or artistic judgment. On the other hand, if no issue of taste is involved, then the test is whether the work was done in a manner that would be satisfactory to a reasonable person. In this case, painting the barn does not involve any artistic judgment, and therefore the test set forth in Answer B is applicable.

Answer A is incorrect. The quoted language is an express condition precedent to the farmer&#039;s obligation to pay for the work. The issue is the construction of the words, &quot;full and complete satisfaction.&quot; There are three possibilities. This answer choice takes the approach that is most favorable to the farmer. Under it, if the farmer says he is dissatisfied (even if in fact he is satisfied and is acting in bad faith), he will prevail. Courts will not go this far because that makes the party&#039;s obligation to perform nearly illusory. A party will not be allowed to take advantage of a condition in bad faith.

Answer D is incorrect. The quoted language is an express condition precedent to the farmer&#039;s obligation to pay for the work. The issue is the construction of the words, &quot;full and complete satisfaction.&quot; The law recognizes the enforceability of such words, and sets forth differing standards depending on the contractual duty. If the issue is one of artistic judgment or taste, the person holding the approval need only act in good faith. If, as in this case, the matter is more mundane, the condition is met if the work is satisfactory to a reasonable person.</description>
		<content:encoded><![CDATA[<p>Answer B is correct. The quoted language is an express condition precedent to the farmer&#8217;s obligation to pay for the work. The issue is the construction of the words, &#8220;full and complete satisfaction.&#8221; There are three possibilities. Answer A represents the extreme position where a person can reject the job even if he does not honestly believe that it is bad. This position is not upheld by courts under any circumstances.</p>
<p>Answer C is the good-faith standard which applies when the satisfaction relates to taste or artistic judgment. On the other hand, if no issue of taste is involved, then the test is whether the work was done in a manner that would be satisfactory to a reasonable person. In this case, painting the barn does not involve any artistic judgment, and therefore the test set forth in Answer B is applicable.</p>
<p>Answer A is incorrect. The quoted language is an express condition precedent to the farmer&#8217;s obligation to pay for the work. The issue is the construction of the words, &#8220;full and complete satisfaction.&#8221; There are three possibilities. This answer choice takes the approach that is most favorable to the farmer. Under it, if the farmer says he is dissatisfied (even if in fact he is satisfied and is acting in bad faith), he will prevail. Courts will not go this far because that makes the party&#8217;s obligation to perform nearly illusory. A party will not be allowed to take advantage of a condition in bad faith.</p>
<p>Answer D is incorrect. The quoted language is an express condition precedent to the farmer&#8217;s obligation to pay for the work. The issue is the construction of the words, &#8220;full and complete satisfaction.&#8221; The law recognizes the enforceability of such words, and sets forth differing standards depending on the contractual duty. If the issue is one of artistic judgment or taste, the person holding the approval need only act in good faith. If, as in this case, the matter is more mundane, the condition is met if the work is satisfactory to a reasonable person.</p>
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		<title>By: Charece</title>
		<link>http://barexambrief.com/2010/06/19/july-2010-mbe-question-of-the-day-23-answer/comment-page-1/#comment-2258</link>
		<dc:creator>Charece</dc:creator>
		<pubDate>Sun, 20 Jun 2010 02:11:17 +0000</pubDate>
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		<description>C.</description>
		<content:encoded><![CDATA[<p>C.</p>
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		<title>By: E Mo</title>
		<link>http://barexambrief.com/2010/06/19/july-2010-mbe-question-of-the-day-23-answer/comment-page-1/#comment-2256</link>
		<dc:creator>E Mo</dc:creator>
		<pubDate>Sat, 19 Jun 2010 22:51:12 +0000</pubDate>
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		<description>C is the correct answer</description>
		<content:encoded><![CDATA[<p>C is the correct answer</p>
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		<title>By: marie</title>
		<link>http://barexambrief.com/2010/06/19/july-2010-mbe-question-of-the-day-23-answer/comment-page-1/#comment-2254</link>
		<dc:creator>marie</dc:creator>
		<pubDate>Sat, 19 Jun 2010 20:35:14 +0000</pubDate>
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		<description>answer C.  I believe it is a Satisfaction conditions – payment will be if you are satisfied.  Under majority rule, there is an obligation of good faith.  Only not to pay if there is good faith that you are not truly satisfied.  if the farmer under good faith is truly dissatisfied he does not have to pay.</description>
		<content:encoded><![CDATA[<p>answer C.  I believe it is a Satisfaction conditions – payment will be if you are satisfied.  Under majority rule, there is an obligation of good faith.  Only not to pay if there is good faith that you are not truly satisfied.  if the farmer under good faith is truly dissatisfied he does not have to pay.</p>
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		<title>By: Ali</title>
		<link>http://barexambrief.com/2010/06/19/july-2010-mbe-question-of-the-day-23-answer/comment-page-1/#comment-2253</link>
		<dc:creator>Ali</dc:creator>
		<pubDate>Sat, 19 Jun 2010 17:37:54 +0000</pubDate>
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		<description>C because of the clause: subjective appreciation</description>
		<content:encoded><![CDATA[<p>C because of the clause: subjective appreciation</p>
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		<title>By: Kimberly</title>
		<link>http://barexambrief.com/2010/06/19/july-2010-mbe-question-of-the-day-23-answer/comment-page-1/#comment-2252</link>
		<dc:creator>Kimberly</dc:creator>
		<pubDate>Sat, 19 Jun 2010 15:19:24 +0000</pubDate>
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		<description>C.</description>
		<content:encoded><![CDATA[<p>C.</p>
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