Commentary

46.2 Obligations under a ‘best endeavours’ clause

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

46.2 Obligations under a ‘best endeavours’ clause

| Commentary

46.2 Obligations under a ‘best endeavours’ clause

The level of commitment expected under a best endeavour obligation is high, but it is not possible to state the meaning of the term with precision. It is best illustrated by considering one of the leading cases in this area, IBM United Kingdom v Rockware Glass Ltd1, which held that:

  1. (a)

        an undertaking by a party to use its best endeavours obliged the party to take all possible steps which a prudent and determined party, acting in its own interests, and wishing to obtain or achieve the defined obligation, would take;

  2. (b)

        such an obligation was not to be measured by reference to somebody who is

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