Скачать или смотреть Why, Because I Say So - Contractual Discretions, Reasonableness, Rationality

Contracts include terms giving parties discretions, e.g. to approve standards of workmanship.

How do the courts approach such terms? Does a party exercising discretion have to be reasonable - or merely “rational”? What does “rationality” mean in a commercial context?

This panel debate looks at:

The Supreme Court decision in Braganza v BP Shipping and the subsequent cases
“Reasonable” vs. “rational” decision-making in practice
The court’s role; interpretation and “policing” a party’s exercise of discretion
Whether commercial law has more to borrow from public law– and if so, in what ways?


Chair: Claire Packman QC, 4 Pump Court
Panel: James Bowling, Barrister, 4 Pump Court; James Pickavance, Partner, Jones Day; Leonie Sellers, Managing Associate, Simmons & Simmons