82,882
edits
Absolute discretion: Difference between revisions
no edit summary
Amwelladmin (talk | contribs) No edit summary |
Amwelladmin (talk | contribs) No edit summary |
||
| Line 5: | Line 5: | ||
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. | ||
You will hear it [[Special pleading|specially | You will hear it [[Special pleading|specially pled]] that, for all its superficial appeal, a component of “reasonableness” in a discretion invites argument about its scope, precisely at the point where you might not want any. When, for example, you are exercising a reasonable discretion to demand more [[margin]], or something like that. | ||
And here we pause to remind you that this site is here to entertain, poke fun and provide food for thought, and not to give actionable legal advice. For it seems to us this argument has more mouth than trouser: | And here we pause to remind you that this site is here to entertain, poke fun and provide food for thought, and not to give actionable legal advice. For it seems to us this argument has more mouth than trouser: | ||