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ARTICLE · 04 APRIL 2014

Best Endeavours

Dillon Eustace
Dillon Eustace
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The terms "best endeavours", "reasonable endeavours" and "all reasonable endeavours" are commonly used by solicitors in the drafting of agreements.

IrelandCorporate/Commercial Law
John O'Riordan
John O'Riordan
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The terms "best endeavours", "reasonable endeavours" and "all reasonable endeavours" are commonly used by solicitors in the drafting of agreements and contracts. Clearly, when making use of these terms it is important to have a clear understanding of their precise meaning and to be aware of the obligations their inclusion place on clients.

Best Endeavours

The inclusion of the term best endeavours in a clause originally placed an onus on the obliged party to, "broadly speaking, leave no stone unturned."

This very onerous obligation has been lessened somewhat over the years to allow for the concept of standards of reasonableness to be introduced. Whilst the obligation no longer requires someone to go as far as above, what is required is that a person must do "all that a reasonable person reasonably could do in the circumstances."

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