82,891
edits
Commercially reasonable manner: Difference between revisions
→The law
Amwelladmin (talk | contribs) |
Amwelladmin (talk | contribs) |
||
| Line 21: | Line 21: | ||
====The law==== | ====The law==== | ||
A good place to look is {{Casenote|Barclays|Unicredit|[2014] EWCA Civ 302}}, which considered what a party must do if it is required to act in a commercially reasonable manner. As a corrective to any irrationally giddy feelings of happiness this may induce, see also {{casenote|Crowther|Arbuthnot Latham & Co Ltd}} — this is not a licence to do what the hell you like. If a discretion is designed for one purpose, you can’t use it to the exclusion of that purpose, to achieve another. | A good place to look is {{Casenote|Barclays|Unicredit|[2014] EWCA Civ 302}}, which considered what a party must do if it is required to act in a commercially reasonable manner. As a corrective to any irrationally giddy feelings of happiness this may induce, see also {{casenote|Crowther|Arbuthnot Latham & Co Ltd}} — this is not a licence to do what the hell you like. If a discretion is designed for one purpose, you can’t use it to the exclusion of that purpose, to achieve another. | ||
====Bottom line==== | |||
This boils down to one of the [[JC]]’s home-baked {{tag|Latin}} aphorisms: ''[[Noli mentula esse]]''. | |||
===In popular fiction=== | ===In popular fiction=== | ||