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Business discretion: A defined term that might be more palatable than “sole and unfettered discretion”

It can be jarring to read in a contract draft that the other side may do X “in its sole and unfettered discretion.” To soften the blow (for when I want my clients to have sole and unfettered discretion), I coined a new term, business discretion:

Business discretion: IF: This Agreement commits a decision, determination, or action to a person’s business discretion; THEN: That decision, determination, or action may be taken in the person’s sole and unfettered discretion, for any lawful reason or no reason, with a mind solely to the person’s own lawful interests and not those of any other person, and without reference to any putative standard of reasonableness, good faith, or fair dealing.

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