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" or "all reasonable endeavours", but it is not always clear what these terms require in practice.
In this fifth of our series of contract disputes practical guides, James Farrell, Ann Levin and Gavin Williams consider how the typical clauses differ from one another and what they are likely to require in practice, and provide some practical tips for commercial parties. You can click here to download the PDF guide.
Clients and contacts of the firm can also register to access the archived version of our webinar exploring these issues by contacting Jane Webber. The webinar lasts an hour and qualifies for one CPD point. Or if you would prefer a shorter version focusing on key practical tips, Ann has also presented this 10 minute podcast.
There are four previous editions in the series, listed below, which can be accessed from the home page for our contract disputes series (which is also linked under "our guides" in the top menu):
- When do you have a binding contract? It may be more (or less) often than you think
- What does your contract mean? How the courts interpret contracts
- Pre-contractual statements: When can they come back to bite you?
- How far can you act in your own self-interest? The role of good faith in commercial contracts