Sole discretion of the company meaning

The phrases sole discretion or at its sole discretion or even in sole discretionare often used in contracts and legal writing to refer to an instance when a person or entity is given the right to make a decision or tak.
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An Article on "Sole and Absolute Discretion"

Dec 19, 2011· Reader Steven Sholk told me about this article on the phrase sole and absolute discretion that appeared last week in the New York Law Journal. It focuses on New York caselaw. Having written an article of my own on the implications of this phrase (available here), I was interested to see what the article had to say.But it doesn''t provide much guidance to contract

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Commercial agreements: The reasonableness standard

Oct 30, 2019· The standard imposed on a lender under financing agreements is dependent on the wording of the contract. Terms of an agreement may (i) be qualified such that a decision is at "the discretion of" or the "sole discretion of" a lender, or (ii) have no qualification, or impose a standard of "reasonableness" on the lender.

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A Reminder of the Limitations of "At Its Sole Discretion"

Aug 16, 2016· At MSCD 3.168–.196 and in this article, I discuss why the phrase at its sole discretion and its variants are pernicious. That''s because the unfettered discretion that it seems to suggest can fall foul of the implied duty of good faith. Peter A. Mahler (@PeterMahlerEsq) of the law firm Farrell Fritz offers in this post on his New York Business Divorce blog another

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What does termination "at the company''s sole discretion" mean in

Jul 4, 2015· What does termination "at the company''s sole discretion" mean in a contract? I was reviewing the contract for an internship that I''m considering resigning from. In the termination section, it just says that my internship can be terminated at any time "at the company''s sole discretion". Does that mean that only the company can terminate the

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at its sole discretion replace?

Jul 11, 2011· If it is a company then the meaning ''at its sole discretion'' means exactly that. Some countries have minimum wages and conditions written into law, and it is only in matters, outside these laws, that the company would be able to exercise ''sole discretion''. What ever the company decides, that is what will be implemented. The company, using its

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What does sole discretion mean in a contract?

The phrases sole discretion, in its sole discretion or at its sole discretion are used in contracts to define the manner a party may decide certain aspects of the contract, exercise an option or make a decision and the legal consequences that will follow from the decision of one party. For example:

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What is the difference between sole discretion and reasonable discretion?

The sole discretion rights involves a party making a decision primarily based on its own assessment and driven by its own evaluation of the circumstances. A reasonable discretion is when a party is given the right to exercise a discretion but "reasonable" in light of the factual circumstances for both parties.

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What if a party has a contractual discretion?

It is now clear that where a party has a contractual discretion, the Courts will imply a term into that contract requiring the relevant party to exercise its discretion in a way which is not irrational, capricious or arbitrary in a public law sense (ie similar to the Wednesbury unreasonableness threshold).

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In one''s sole discretion（のによる）

を,チェック（レビュー）,（／）,するによくするに,in one''s sole discretionがあります。 これは,でされる,「のにより,のにより」というです。 えば, （Sales Agreement） で,に

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"In" or "At" sole discretion

I think the use of ''in'' here reflects that it falls within their discretion whereas ''at'' would mean that it is left to their discretion. I take the latter to mean that in ambiguity they make a judgment whereas the former means that they perhaps provide professional

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What is the sole discretion of the company?

The Company''s decisions regarding the Record Date, Distribution Date, and all terms of the Distribution, including the form, structure, and terms of any transactions and/or offerings to effect the Distribution and the timing of and conditions to the consummation thereof, are in the sole and absolute discretion of the Company. (Sole Discretion of Company)

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"At Its Discretion" Used in Language of Discretion

Dec 11, 2006· The terms "sole discretion" and "absolute discretion" with respect to any determination to be made a Party under this Agreement shall mean the sole and absolute discretion of such Party, without regard to any standard of reasonableness or other standard by which the determination of such Party might be challenged.

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in the sole discretion

Jul 27, 2021· in the sole discretion,,"","",at one''s sole discretion 1 If such failure continues uncured for a period of thirty (30) calendar days after receipt of written notice of such failure, then such Limited Partner shall be considered in default and may, in the sole discretion of the General

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What is a sole discretion clause?

The sole discretion clause or the sole and absolute discretion clause is a contractual provision granting a party complete latitude in deciding on certain contractual elements or having the ability to make certain decisions or exercise certain rights. For example:

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Absolute discretion: does it mean what it says?

Jul 3, 2020· Service Sector Product Professional Company Office Professionals; Insights. Insight by area of expertise absolute discretion for the buyer to decide whether a condition in planning permission is onerous does not necessarily mean that the buyer, effectively, has the power to pull out of the acquisition on a whim in changed market conditions

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What does "in the employer''s discretion" really mean?

All kinds of discretion. Employment documentation often gives an employer a discretion to make certain decisions. The classic example is the employer''s right to determine the size of an employee''s bonus. But contracts also give employers a

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Examples of sole discretion clauses in contracts| Afterpattern

Notwithstanding any provision in this document or otherwise to the contrary, the Committee, in its sole discretion, reserves the right (a) to determine the eligibility requirements for participation

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Sole Discretion of Company Sample Clauses

Sole Discretion of Company. The Company shall, in its sole and absolute discretion, determine the Record Date, the Distribution Date and all terms of the Distribution, including the form, structure and terms of any transactions and/or offerings to effect the Distribution and the timing of and conditions to the consummation thereof. In addition and notwithstanding anything to the

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What is a contractual discretion?

Parties need to be alive to the restrictions that it places on any discretion afforded to them under a contract. Given that there is, in our view, some uncertainty about what amounts to a contractual discretion, parties should assume that any contractual right to make an assessment or decision from a range of options will be subject to this duty.

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SOLE DISCRETION |

SOLE DISCRETION | 、、 Staff travel has always been a noncontractual benefit granted at the sole discretion of the company. Times, Sunday Times (2009) Retail pricing is at the sole discretion of the retailer and the final price the consumer pays for our products is set by individual retailers.

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Testing the Limits of Sole Discretion – Delaware Supreme Court

Oct 2, 2018· Managers of Delaware limited liability companies should take note that "sole discretion," without further language, does not necessarily mean unfettered discretion. The courts therefore might scrutinize a sale process that does not maximize the sale price even in the absence of fiduciary duties, albeit at some level short of the enhanced

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''Sole Discretion'' Provisions and the Implied Covenant of

cise sole discretion under the contract. ELBT Realty First, in ELBT Realty, the parties entered into a contract for the sale of a commercial building that permitted the purchaser to terminate the agree-ment in "its sole discretion" and for "any reason whatsoever." When the pur - chaser exercised its termination right

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The Limits of Sole Discretion in Contracts

The implied covenant cannot be extended to create obligations not contemplated in the contract. It is limited to assuring compliance with the express terms of the contract. That is particularly

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The Limits of "Sole Discretion" in Contracts

Aug 18, 2017· Companies often enter into contractual relationships that give them "sole" or "absolute" discretion to make strategic business decisions. But in many states a covenant of

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SOLE DISCRETION definition in American English

SOLE DISCRETION meaning | Definition, pronunciation, translations and examples in American English. TRANSLATOR. LANGUAGE. GAMES. SCHOOLS. BLOG. RESOURCES. More . Staff travel has always been a noncontractual benefit granted at the sole discretion of the company. Times, Sunday Times (2009)

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Contractual discretion and its limits

In Abu Dhabi National Tanker Co v Product Star Shipping Ltd (The "Product Star") [1993] 1 Lloyd''s LR 397, the discretion in question was the master or owner''s ability to refuse to proceed to any port which, in their discretion, was considered as dangerous.Leggatt LJ stated the following principle in relation to the exercise of a contractual discretion:

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What Is a Sole Proprietorship?

Jun 18, 2024· When a sole proprietor seeks to incorporate a business, the owner usually restructures it into an LLC. For this to work, the owner must first determine that the company name is available.

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"Employer''s Sole Discretion" Provisions – Six Points to Consider

Sep 9, 2011· So, too, can an employer be denied the unfettered "sole discretion" to decide that a CEO''s job duties from now on include cleaning the company''s restrooms, even if the Board of Directors has the sole discretion to direct the CEO to take on new duties and responsibilities. 5.

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At Your Discretion Mean (In Business: You Must Know)

Oct 16, 2024· In business settings, you may encounter the phrase "at your discretion" quite often. This phrase is commonly used in a professional context and has a specific meaning that can impact the decision-making process. Understanding this term is essential for making informed choices that align with the expectations of the workplace. What Does At Your Discretion

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Company''s Discretion Sample Clauses

Company''s Discretion. Employee understands and agrees that Company or its designee will determine, in its sole and absolute discretion, whether and to what extent applications will be filed for patents on any Invention which is the exclusive property of the Company and whether any such application will be abandoned prior to issuance of a patent.

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The Problem with Sole Discretion Clauses in Construction Contracts

Oct 31, 2019· When this is the intended meaning, the contract should provide additional context clarifying that the owner has sole discretion to determine the issue and the contractor has no right to recourse or challenge. Sometimes, the context of the surrounding language will clarify which type of meaning is being given.

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Business discretion: A defined term that might be more palatable

Jan 26, 2010· 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

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Absolute Discretion (Meaning: All You Need To Know)

Jun 16, 2022· In contracts and business, you may come across the phrase "absolute discretion", "sole and absolute discretion", or "in its sole and absolute discretion". In this post, have defined the meaning of absolute discretion . Now that you know what absolute discretion means in legal terms, good luck with your research!

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"Sole Discretion" Provisions, Implied Covenants and

gave the investment company "''sole and absolute discretion'' over investment decisions." Shatz, 180 A.D. at 609. The First S E R V I N G TH E B E N C H A N D B A RSI N C E 1 8 8 8 Volume 264—No . 44 Tuesday, sepTember 1, 2020 "Sole Discretion" Provisions, Implied Covenants and Fiduciary Duties

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sole discretion translation in Arabic | English-Arabic dictionary

The Company may, upon its sole discretion, close any open positions and reinstate them upon the then real market price.: يجوز للشركة، بناءً على تقديرها الخاص ، إغلاق أي صفقات مفتوحة وإعادة وضعها عند سعر السوق الحقيقي في ذلك الوقت.: Administration shall reserve the right to completely or partially limit

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About Sole discretion of the company meaning

About Sole discretion of the company meaning

The phrases sole discretion or at its sole discretion or even in sole discretionare often used in contracts and legal writing to refer to an instance when a person or entity is given the right to make a decision or tak.

If you are looking for ain its sole discretion synonym or looking for variations of phrase “sole discretion”, here are some possibilities: 1. At its own discretion 2. In sole discret.

If you are involved in drafting contracts or you have been granted sole discretionrights under a contract, it’s a good idea to quickly evaluate what it meansto have “sole” discretion.

If the parties expressly negotiated provisions granting a party with “sole discretion” or “absolute discretion”, the courts will enforce the intention of the parties so l.

It’s important to nuance “sole and absolute” discretion from “contractual” discretion. To have a sole or absolute contractual right means to have the full and unfettered right to exercise.The sole discretion clause or the sole and absolute discretion clause is a contractual provision granting a party complete latitude in deciding on certain contractual elements or having the ability to make certain decisions or exercise certain rights.

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