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Contract drafting in good faith times

May-7-2021

Lawyer Neill May

Summary

Excerpt from "Contract drafting in good faith times", Neill May, Canadian Lawyer

As a corporate lawyer often engaged in contractual drafting, I’m an automatic contestant in the discretion Olympics. In the conventional world, the word “discretion” often implies tactfulness and caution. But in the commercial legal realm, the focus is on the other meaning, and caution is tossed to the wind. Judging in these Olympics is based on the mandatory elements — absolute discretion, unfettered discretion, sole discretion and unchained, unbounded and unrestrained discretion — and then there are, of course, points for artistic impression.

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