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.

See also: (list is automatically generated)

• Contract clauses specifying “good faith” can result in greater discovery expenses in litigation