Contractual discretion: The age of reason?

Burges Salmon LLP | The Commercial Litigation Journal | January/February 2020 #89
David Hall, Tom Whittaker and Harry Jewson condense the lessons to be learned five years post-Braganza ‘In those cases where a Braganza term has been implied, there is a clear justification that the term is necessary in order to prevent, or protect against, an abuse of power by the decision-maker.’ In Braganza v BP Shipping …

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Contracting: Discretion is the better part of valour

Allen & Overy | The Commercial Litigation Journal | January/February 2019 #83
Jason Rix examines contractual discretion and absolute contractual rights ‘Where a contract is found to include a contractual discretion, the authorities show it will be subject to an implied term that the person exercising the discretion does so honestly and in good faith, with regard to the contract.’ Freedom of contract is a common term …

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