59.1-503.9 - Agreement for performance to party's satisfaction. - Virginia Statutes

§ 59.1-503.9. Agreement for performance to party's satisfaction.

(a) Except as otherwise provided in subsection (b), an agreement thatprovides that the performance of one party is to be to the satisfaction orapproval of the other party requires performance sufficient to satisfy areasonable 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 isin the "sole discretion" of the party, or words of similar import; or

(2) the agreement is for informational content to be evaluated in referenceto subjective characteristics such as aesthetics, appeal, suitability totaste, or subjective quality.

(2000, cc. 101, 996.)