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In this article, I will break down the meaning of Absolute Discretion so you know all there is to know about it!
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Absolute Discretion Meaning
You may have seen the phrase “absolute discretion” in contracts, forms, or other types of legal documents.
What does “absolute discretion” mean exactly?
To understand this concept, let’s first define the meaning of “discretion”.
According to the Merriam-Webster dictionary, the word “discretion” means the “power of free decision or latitude of choice within certain legal bounds”.
They also define discretion as “the ability to make responsible decisions”.
This means that when you have discretion, you are given the power to make the decision that you feel is appropriate.
Now, what does “absolute” mean?
According to Dictionary.com, absolute means “complete”, “outright”, “free from restriction or limitation”, or “not limited in any way”.
In other words, absolute means full and complete ability to do something (or not).
Now that we have defined the words “absolute” and “discretion”, what is the legal definition of absolute discretion?
Absolute discretion means that you are given full and complete authority to decide based on your own judgment.
In other words, your authority or power to decide is not limited in any way.
According to Black’s Law Dictionary, absolute discretion means “the final and total power of acting on your own judgment”.
Sole And Absolute Discretion Meaning
Sole and absolute discretion means that you have the full and complete power to decide based on your judgment, alone.
The word “sole” refers to the concept of you acting alone or by yourself.
The phrase “absolue discretion” means that you have the full and total power to decide.
Therefore, sole and absolute discretion means that you’re the only person who has the full and complete authority to make a decision.
Absolute Authority In Law
Since we are on the topic of “absolute discretion” and “sole and absolute discretion”, let’s quickly discuss the concept of “absolute” authority in law.
Is there such a thing as “absolute” power to do something or not?
In law, you can say that the word “absolute” may be an oxymoron.
In other words, a contracting party, a legal representative, a power of attorney, or anyone granted some rights cannot exercise total and absolute rights in full disregard of others.
Acting with absolute authority does not allow a person to act carelessly or in an unreasonable manner.
Even when given the absolute discretion to exercise a legal right or to make a decision, you’ll need to exercise your discretion in good faith, in a prudent and diligent manner, as would a reasonable person in the same circumstances.
So there you have it folks!
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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