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Commercially reasonable manner (view source)
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{{Nuts|Olly's savoury nuggets of wisdom|commercially reasonable manner}} | {{Nuts|Olly's savoury nuggets of wisdom|commercially reasonable manner}} | ||
In what follows I assume you're a [[good egg]]; the sort of person who means what he says, says what he means, and gives a legal covenant only in circumstances where he has an honest intention of carrying it out. If you're not of that fibre, you have no place here. | |||
What should a self-respecting advocate think about the phrase: | What should a self-respecting advocate think about the phrase: “in a commercially reasonable manner” - or ever “in good faith ''and'' a commercially reasonable manner”? | ||
A more cautious soul than me might rail against it, but I say no: while there may be circumstances where one would want specifically to preserve the right to act in one's absolute discretion without any room for argument, in most cases an obligation to act in [[good faith]] or in a [[commercially reasonable manner]] does not involves any great concession. It is hard to imagine a situation in which a [[good egg]] would deliberately otherwise; agreeing such language may help to persuade such a cautious soul against whom you might be arrayed across the wobbly bridge to consensus. It might unblock those negotiations where he had been saying “yes, but with that provision, your client literally would be entitled to do ''[and here insert some fantastically horrifying deed that your adversary - a chap otherwise apparently short of imagination - has managed to dream up]'' without any commercially reasonable basis for doing so” and so on. | A more cautious soul than me might rail against it, but I say no: while there may be circumstances where one would want specifically to preserve the right to act in one's absolute discretion without any room for argument, in most cases an obligation to act in [[good faith]] or in a [[commercially reasonable manner]] does not involves any great concession. It is hard to imagine a situation in which a [[good egg]] would deliberately otherwise; agreeing such language may help to persuade such a cautious soul against whom you might be arrayed across the wobbly bridge to consensus. It might unblock those negotiations where he had been saying “yes, but with that provision, your client literally would be entitled to do ''[and here insert some fantastically horrifying deed that your adversary - a chap otherwise apparently short of imagination - has managed to dream up]'' without any commercially reasonable basis for doing so” and so on. | ||
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====Is “commercially reasonable” | ====Is “commercially reasonable” ''really'' different from “reasonable”?==== | ||
==See also== | ==See also== | ||
*{{csaprov|Good Faith and Commercially Reasonable Manner}} (CSA Provision) | *{{csaprov|Good Faith and Commercially Reasonable Manner}} (CSA Provision) | ||
*[[Implied terms]] (could {{tag|commercial reasonableness}} ever be implied? In England, no; in the US, yes). | *[[Implied terms]] (could {{tag|commercial reasonableness}} ever be implied? In England, no; in the US, yes). | ||