Commentary

46.5 Endeavours undertaking—drafting implications

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

46.5 Endeavours undertaking—drafting implications

| Commentary

46.5 Endeavours undertaking—drafting implications

Case law can only be a limited guide as to whether a court would regard a party’s actions as complying with an obligation of best, all reasonable, or reasonable endeavours. However, in view of the cases discussed in the above Paragraphs, what practical advice can be given? If, for example, a manufacturing company undertakes to use its best endeavours to complete an order for goods by a certain date, it is suggested that the best endeavours undertaking might well oblige the company to give priority to that order over other orders, and to ask staff to

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