'Discretion' Has No Place In Contractual Matters Unless It Is Expressely Incorporated In Contract : Supreme Court

The Supreme Court observed that discretion has no place in contractual matters unless the parties have expressly incorporated it as a part of the contract. Even if a party to the contract is a governmental authority, there is no place for discretion vested in the officers administering. Even if a party to the contract is a governmental authority, there is no place for discretion vested in the officers administering the contract. Discretion, a principle within the province of administrative law, has no place in contractual matters unless, of course, the parties have expressly incorporated it as a part of the contract.