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Absolute discretion: Difference between revisions
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{{a|negotiation|}}Also known as “[[discretion]]” seeing as a [[discretion]] is not really the sort of thing that admits of degrees. You either ''have'' a discretion, or you ''don’t'' and, generally in a [[contract]], as in life, you do, except where you have categorically agreed you do not. | {{a|negotiation|}}Also known as “[[discretion]]”, seeing as a [[discretion]] is not really the sort of thing that admits of degrees. You either ''have'' a discretion, or you ''don’t'' and, generally in a [[contract]], as in life, you ''do'', except where you have categorically agreed you do ''not''. In none of these cases does the adjective “absolute” move the conversation on. | ||
That said, as a percussive adjective, “absolute” does pleasingly punctuate a sentence, rather, in the same way it does when placed next to the word “''twat''”. | |||
An “absolute” [[discretion]] is to be contrasted in theory, if not really in practice, with one that is bounded by an overriding obligation to act “in [[good faith]], and in a [[commercially reasonable manner]]”. But, as we have sounded off [[Commercial imperative|elsewhere]], any merchant that acts in [[bad faith|''bad'' faith]], or in a [[Commercially reasonable|commercially ''un''reasonable]] manner, ''even if his contract permits it'', should not expect to have clients for very long. | An “absolute” [[discretion]] is to be contrasted in theory, if not really in practice, with one that is bounded by an overriding obligation to act “in [[good faith]], and in a [[commercially reasonable manner]]”. But, as we have sounded off [[Commercial imperative|elsewhere]], any merchant that acts in [[bad faith|''bad'' faith]], or in a [[Commercially reasonable|commercially ''un''reasonable]] manner, ''even if his contract permits it'', should not expect to have clients for very long. | ||