Mutuality

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1. What principle does Article 1308 state?
2. Under Article 1309, may determination of performance be left to a third person?
3. When is a third person's determination under Article 1309 binding under its communication requirement?
4. A service agreement says one party may decide at unrestricted whim whether that party is bound at all, even after the o…
5. Both parties authorize an independent appraiser to determine the specified performance. The appraiser tells only Party …
6. A contract submits performance to an independent third person's determination, which is communicated to both parties. E…
7. A contract ties a payment adjustment to an independently published index using an agreed formula, leaving neither party…
8. Explain why mutuality is not the same as requiring identical duties or equal economic benefits for every contracting pa…
9. Describe the legal safeguards when the parties leave determination of performance to a third person.
10. Compare an agreed objective performance formula with a clause allowing one party alone to decide whether to comply. Exp…
11. Does Gotesco hold that every escalation clause is inherently void merely because it allows an adjustment?
12. In Gotesco, did the label common-area-and-aircon dues shield an unbridled escalation provision from mutuality review?