Commercially reasonable manner: Difference between revisions

In [[good faith]] and in a [[commercially reasonable manner]] cuts the crap by promising (faintly) to unlock some negotiations and take much of the tedious line-by-line muck-raking out of the others. It only presents litigation risk to clients who don’t trust you, or whom you don't trust. In those cases your problem is not that you have a good faith obligation; it’s that you have a lousy client relationship. It hardly adversely affects litigation risk in any case: A dissatisfied client will take action, and they will argue an absence of good faith in any case.

While there may be circumstances where one would want specifically to preserve the right to act with [[absolute discretion]] without argument, in most cases agreeing to act in [[good faith]] or in a [[commercially reasonable manner]] involves no great concession. It is hard to imagine when a [[good egg]] would deliberately behave otherwise; agreeing such language may help to persuade your counterparty 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.