Absolute discretion: Difference between revisions
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{{a|negotiation|}}Also known as “[[discretion]]” seeing as a [[discretion]] is not really the sort of thing that admits of degrees. You either ''have'' a discretion, or you ''don’t'' and, generally in a [[contract]], as in life, you do, except where you have categorically agreed you do not. | {{a|negotiation|}}Also known as “[[discretion]]”, seeing as a [[discretion]] is not really the sort of thing that admits of degrees. You either ''have'' a discretion, or you ''don’t'' and, generally in a [[contract]], as in life, you ''do'', except where you have categorically agreed you do ''not''. In none of these cases does the adjective “absolute” move the conversation on. | ||
That said, as a percussive adjective, “absolute” does pleasingly punctuate a sentence, rather, in the same way it does when placed next to the word “''twat''”. | |||
An “absolute” [[discretion]] is to be contrasted in theory, if not really in practice, with one that is bounded by an overriding obligation to act “in [[good faith]], and in a [[commercially reasonable manner]]”. But, as we have sounded off [[Commercial imperative|elsewhere]], any merchant that acts in [[bad faith|''bad'' faith]], or in a [[Commercially reasonable|commercially ''un''reasonable]] manner, ''even if his contract permits it'', should not expect to have clients for very long. | An “absolute” [[discretion]] is to be contrasted in theory, if not really in practice, with one that is bounded by an overriding obligation to act “in [[good faith]], and in a [[commercially reasonable manner]]”. But, as we have sounded off [[Commercial imperative|elsewhere]], any merchant that acts in [[bad faith|''bad'' faith]], or in a [[Commercially reasonable|commercially ''un''reasonable]] manner, ''even if his contract permits it'', should not expect to have clients for very long. | ||
Revision as of 18:09, 21 December 2020
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Negotiation Anatomy™
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Also known as “discretion”, seeing as a discretion is not really the sort of thing that admits of degrees. You either have a discretion, or you don’t and, generally in a contract, as in life, you do, except where you have categorically agreed you do not. In none of these cases does the adjective “absolute” move the conversation on.
That said, as a percussive adjective, “absolute” does pleasingly punctuate a sentence, rather, in the same way it does when placed next to the word “twat”.
An “absolute” discretion is to be contrasted in theory, if not really in practice, with one that is bounded by an overriding obligation to act “in good faith, and in a commercially reasonable manner”. But, as we have sounded off elsewhere, any merchant that acts in bad faith, or in a commercially unreasonable manner, even if his contract permits it, should not expect to have clients for very long.