| Commentary

29.2 Drafting points—consent

| Commentary

29.2 Drafting points—consent

Where a party may not take certain actions unless it has obtained the consent of the other, drafting issues that arise include:

  1. (a)

        Should the consent be subject to a provision that it cannot be unreasonably withheld? Such a term is not generally implied into ordinary commercial contracts1. It seems that the courts may make a distinction between a matter requiring ‘a general and unrestricted consent’ and consents to very specific matters, such as approving ‘a title or plans which are free from any tenable objection’2. In the latter situation, a court may more readily imply a

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