Tag Archives: Endeavours obligations

Court of Appeal considers “all reasonable endeavours” obligation

The Court of Appeal has held that a party was not in breach of an obligation to use "all reasonable endeavours" to procure the grant of planning permission where that obligation was subject to a qualification regarding the circumstances in … Continue reading

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Endeavours obligations: How hard do you have to try?

Obligations to endeavour to achieve some object are commonly agreed in commercial contracts where the relevant party is not willing to take on an absolute obligation to that effect. Typical clauses may require the use of "best endeavours", "reasonable endeavours" … Continue reading

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Endeavours obligations in long term contracts: article published

The Court of Appeal decision in Jet2.com Limited v Blackpool Airport Limited [2012] EWCA Civ 417 illustrates the particular complications that can arise with endeavours obligations in the context of a long term contract. Caroline Kehoe and Joanne Keillor have published an … Continue reading

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Court of Appeal decision on best endeavours clause

By a majority, the Court of Appeal has held that an airport operator’s obligation to use best endeavours to promote an airline’s low-cost services gave rise to an enforceable obligation to operate outside normal opening hours, as this was essential … Continue reading

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Article published on endeavours and good faith

Commercial contracts commonly require one or both parties to use “reasonable”, “all reasonable” or “best” endeavours to achieve some goal, or to act or negotiate in “good faith”. Despite the frequency with which such terms are used, there is a surprising lack of clarity in the case law as … Continue reading

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Endeavouring to understand endeavours obligations

“Reasonable endeavours”, “best endeavours” and “all reasonable endeavours” undertakings are commonly found in all types of commercial contracts and are frequently subject to negotiation. However, despite their ubiquitous use, the actual meaning of these expressions, and the extent of the … Continue reading

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‘Reasonable endeavours’ undertaking – Commercial Court clarification

“Reasonable endeavours” and “best endeavours” undertakings are very commonly found in contracts of almost every description, and whether a party may be prepared to accept such an obligation is regularly debated in commercial negotiations.  Despite the frequency with which these … Continue reading

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