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OUJI-CIV No. 23.25A

has been drafted for cases where the contract requires a

activein force · 2026-01-01 – presentcompiled-edition

party's performance to the satisfacti on of the other party, and there is a jury question

whether satisfaction is determined by a subjective or objective standard. In cases where

there is no jury question as to whether satisfaction should be measured by a subjective or

objective standard, the paragraph should be shortened by deleting the second through

fourth sentences and redrafting the fifth sentence to reflect whichever standard was

intended.

OUJI 3d (Rev. 2009) Chapter 23

Instruction No, 23.25B has been drafted fo r cases where the contract requires a

party's performance to the satisfaction of a third party, such as an architect or engineer,

and there is a jury question whether the third party's determination was to be absolutely

binding on the parties. In cases where there is no jury que stion as to whether the third

party's determination was to be absolutely binding, the paragraph should be shortened by

deleting the second and third sentences and redrafting the fourth sentence by replacing

the words "if you decide that" with "though."

Provenance

Source
oscn.net
Retrieved
2026-08-23
Edition
2026-08-23
Content hash
2a375c2742565e669b7a0428e7d13e889bddbf309de0540338b7797bea9a7f7d
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