Commercially reasonable manner: Difference between revisions

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{{a|negotiation|}}
{{a|negotiation|}}{{good faith capsule}}
{{good faith capsule}}


===Absolute discretion===
===[[Absolute discretion]]===
To be sure, sometimes you might want to be able to act — or, more likely, ''not'' act — in your [[absolute discretion]]. Here you do not want argument. At least for “omission” cases, the “[[I never said it was]]” principle ought to get you home. But you might say the following:  
To be sure, sometimes you might want to be able to act — or, more likely, ''not'' act — in your [[absolute discretion]]. Here you do not want argument. At least for “omission” cases, the “[[I never said it was]]” principle ought to get you home. But you might say the following:  
:'''''Standard of conduct''': Each party must act in good faith and (unless expressly entitled to act in its absolute discretion) in a [[commercially reasonable manner]].''
:'''''Standard of conduct''': Each party must act in good faith and (unless expressly entitled to act in its absolute discretion) in a [[commercially reasonable manner]].''
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*[[Implied term]]s (could a {{tag|commercially reasonable}} standard ever be implied? In England, no; in the US, yes).
*[[Implied term]]s (could a {{tag|commercially reasonable}} standard ever be implied? In England, no; in the US, yes).
*[[Such consent not to be unreasonably withheld]]
*[[Such consent not to be unreasonably withheld]]
{{Cases}}
*{{casenote|Crowther|Arbuthnot Latham & Co Ltd}}
*{{casenote|Crowther|Arbuthnot Latham & Co Ltd}}
*{{casenote|Barclays|Unicredit}}
*{{casenote|Barclays|Unicredit}}
{{c|Negotiation hacks}}
{{ref}}