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{{a|negotiation|}}{{good faith capsule}} | {{a|negotiation|}}{{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]] | ||
*{{casenote|Crowther|Arbuthnot Latham & Co Ltd}} | *{{casenote|Crowther|Arbuthnot Latham & Co Ltd}} | ||
*{{casenote|Barclays|Unicredit}} | *{{casenote|Barclays|Unicredit}} | ||
{{c|Negotiation hacks}} | |||
{{ref}} |