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Whitney's Beloved Horse Recently Died

Question 131

Multiple Choice

Whitney's beloved horse recently died.Whitney has entered into an agreement with a well-known sculptor to sculpt a life-size sculpture of the horse.This contract provides that Whitney is "not obligated to pay for the sculpture unless she is personally satisfied with the sculpture." In this situation:


A) Whitney can use her personal preferences in determining whether she is satisfied.
B) Whitney must pay for the sculpture if a reasonable person would be satisfied with the result.
C) The sculptor can neither delegate the duty to sculpt the horse nor assign the right to payment.
D) This would be considered a "time is of the essence" contract, even without specific language to that effect.
E) Whitney must check monthly on the sculptor's progress and voice any complaints in order to refuse payment if she is dissatisfied.

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