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Controlling Contractual Discretion

Published online by Cambridge University Press:  06 August 2002

V.K. Sims  and
R.J. Goddard
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Extract

In 1993 Leggatt L.J. said in Abu Dhabi National Tanker Co. v. Product Star Shipping Ltd. (The Product Star) [1993] 1 Lloyds Rep. 397, 404:

Where A and B contract with each other to confer a discretion on A, that does not render B subject to A’s uninhibited whim. In my judgment, the authorities show that not only must the discretion be exercised honestly and in good faith, but, having regard to the provisions of the contract by which it is conferred, it must not be exercised arbitrarily, capriciously or unreasonably.

Type
Case and Comment
Information
The Cambridge Law Journal , Volume 61 , Issue 2 , 24 June 2002 , pp. 268 - 271
Copyright
Copyright © Cambridge Law Journal and Contributors 2002

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