A defined contribution plan is an employer commitment to make specific future
payments to participants upon retirement.
An art collector commissioned an artist to create a sculpture for the collector. The artist
wanted a substantial amount of money for the sculpture. This caused the collector some
worry regarding possible dissatisfaction with the artwork once it was completed. To
ensure that payment would be made only if the collector was satisfied with the
sculpture, a condition was written into the commission contract. It required that the
collector would have to be satisfied with the artwork, relying on the collector’s taste and
judgment, before an obligation of payment would be created.The artist never imagined
that a collector could possibly refuse a creation of his and allowed the condition to be
placed within the contract. At the completion of the sculpture, the collector claimed that
she did not care for the artwork and therefore refused to pay. Can the artist force
payment in this situation? Would it help if the artist could establish that the collector
actually approves of the sculpture but has temporarily run short on funds, and that this
is the true motivating factor in refusing to accept the sculpture?