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This allows us to explicitly except some rights (by making them “absolute discretions”) and also explicitly puts the onus on the person alleging bad faith/commercial unreasonableness. | This allows us to explicitly except some rights (by making them “absolute discretions”) and also explicitly puts the onus on the person alleging bad faith/commercial unreasonableness. | ||
====The law==== | |||
A good place to look is {{Casnote|Barclays|Unicredit|[2014] EWCA Civ 302}}, which considered what a party must do if it is required to act in a commercially reasonable manner. | |||
====Is "commercially reasonable" materially 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). |