Contract: Making your mind up

Tom Whittaker weighs up the judicial scrutiny of contractual discretion ‘Historically, the court has required only that the relevant decision be made without arbitrariness, capriciousness and irrationality. More recent cases, however, suggest that the court may also require that the decision be reasonable.’ Contracts often confer obligations to make decisions, exercise discretion or form opinions …
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Workplace Bullying: Understanding the grey areas

Anthony Sakrouge contemplates the sometimes fine line between workplace bullying and robust performance management ‘Millions of working days are lost every year to work-related depression and countless hours of management time spent dealing with bullying allegations, not to mention the legal costs and reputational risk.’ In a recent survey carried out by the Unison trade …
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