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Discharge An Agreement

The parties may enter into a contract to the personal satisfaction of a party. Andy tells Anne, a potential client, that he will cut her hair better than her normal hairdresser, and that if she is not satisfied, she will not have to pay for it. Andy cuts her hair, but Anne frowns and says, „I don`t like it.” Suppose Andy`s work is excellent. Whether Anne should pay depends on the employment assessment standard – a measure of objective or subjective satisfaction. The objective standard is one that would satisfy the reasonable buyer. Most courts apply this standard when the contract involves the performance of mechanical work or the sale of a machine whose performance can be measured objectively. Therefore, even if the obligated person requires a benefit to his or her „personal satisfaction,” the courts will bear that the debtor has provided whether the service or property provided is in fact satisfactory. On the other hand, if goods or services ordered for personal assessment services are subject to personal judgment and taste, the obligation to pay is released when the obliged declares personal (subjective) discontent. There is no reason to indicate, but it must be of good faith, not just to evade payment. A typical example of a contract is that of an artist who performs at an exhibition and who performs and is paid according to the terms of the contract. Artists and hosts lighten the contract because the terms of the contract are met. If it does not appear to be satisfying and does not wish to execute it, the host may terminate the contract.

The parties can always provide in the contract that the obligation is absolute and that no major event results in discharge for lack of purpose. A second means of discharge is the waiverThe abandonment of a right. A party voluntarily waives a right that it has contractually, but which does not waive the full right to the benefit of the other party. The tenant has to pay the rent on the first of the month, but because his employer pays on the tenth, tenant pays the landlord that day. If the landlord accepts the late payment unopposed, she has waived her right to insist on payment until the first of the month, unless the lease stipulates that there is no waiver of acceptance of the retardants.