Wednesday 4 October 2017 photo 2/30
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Sole discretion in a contract: >> http://bit.ly/2hLiMha << (download)
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In reviewing a franchise agreement, I noticed that the franchisor had reserved in its "sole discretion" the right to take, or not take, a number of actions — such as
1 Feb 2014 Unfettered Discretion, Reasonableness and Good Faith as “sole discretion," “sole and absolute discretion" and “unfettered discretion. In determining the standard and scope of discretion provided by a clause in a contract,
30 Mar 2015 Where a party exercises its discretion under a contract (even if that discretion is expressed as "at its sole/absolute discretion", etc), it must be
7 Jan 2016 The contract was renewable annually at Oracle's 'sole discretion', and Oracle had renewed the contract every year in November. In the fall of
11 Dec 2006 Section 205 of the Restatement (Second) of Contracts states that The terms “sole discretion" and “absolute discretion" with respect to any
6 Sep 2017 Companies often enter into contractual relationships that give them “sole" or “absolute" discretion to make strategic business decisions. That is particularly important when a company is granted “sole" or “absolute" discretion to act under a contract.
7 Apr 2014 Id. Drafting lessons: Any time a contract states that a party has “discretion" to do something (or not do something): 2009) (on certification from Eleventh Circuit; sole discretion means an absolute reservation of a right not mitigated by an implied covenant of good faith and fair dealing).
Sole Discretion. To the fullest extent permitted by law and notwithstanding any other provision of this Agreement or in any other agreement contemplated herein
14 Apr 2014 Bottom line – any reference in the franchise agreement to the franchisor's “discretion," “sole discretion," or “absolute discretion" should be
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