Commentary

46.1 Absolute and qualified obligations distinguished

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

46.1 Absolute and qualified obligations distinguished

| Commentary

F: RESPONSIBLE FOR WHAT?

46: ABSOLUTE, BEST AND REASONABLE ENDEAVOURS OBLIGATIONS

(For best or reasonable endeavours clauses see Form 46.1 [1701] onwards.)

46.1 Absolute and qualified obligations distinguished

Contract obligations may be absolute or qualified. An example of an absolute obligation in a contract is:

‘Party A shall complete the Project and deliver a final report no later than [date]’

Failure to comply with this obligation is likely to be a breach of contract, even if there is a good excuse for the failure, for example, if Party A had a very heavy workload at the relevant time, or a third-party supplier failed to supply

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