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ARTICLE · 30 SEPTEMBER 2010

Endeavours Obligations

Dillon Eustace
Dillon Eustace
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Dillon Eustace

Dillon Eustace

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The terms "all reasonable endeavours", "reasonable endeavours" and "best endeavours" are regularly used in the drafting of commercial agreements and contracts.

IrelandCorporate/Commercial Law

Introduction

The terms "all reasonable endeavours", "reasonable endeavours" and "best endeavours" are regularly used in the drafting of commercial agreements and contracts. Despite this widespread use, the actual obligations imposed by each of these terms are unclear. Recent UK case law has provided further guidance on the obligations imposed by parties contracting to use "all reasonable endeavours". This article will look at that recent case law and will also briefly highlight the obligations imposed by the terms "all reasonable endeavours", "reasonable endeavours" and "best endeavours".

All Reasonable Endeavours – Case Law

CPC V QD1 involved a joint venture between the parties in order to develop a site in London. The parties entered into a sale and purchase agreement under which QD owed CPC various continuing obligations, including one to use "all reasonable but commercially prudent endeavours" to enable the achievement of various threshold events and

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