Best endeavours v reasonable endeavours - Revision history

Designing Buildings at 15:38, 29 January 2021

2021-01-29T15:38:06Z

← Older revision		Revision as of 15:38, 29 January 2021
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	* Good faith – good grief.		* Good faith – good grief.
	* Reasonable skill and care.		* Reasonable skill and care.
		+	* Unreasonable.

	= Relevant case law =		= Relevant case law =

Designing Buildings at 07:27, 5 November 2020

2020-11-05T07:27:18Z

← Older revision		Revision as of 07:27, 5 November 2020
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	* [http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Comm/2007/292.html http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Comm/2007/292.html]		* [http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Comm/2007/292.html http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Comm/2007/292.html]

−	[[Category:~~Other_legislation~~]] [[Category:~~DCN_Legislation~~]] [[Category:Contracts_/_payment]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Other_legislation]] [[Category:Contracts_/_payment]] [[Category:Disambiguation]]

Editor at 18:21, 15 March 2019

2019-03-15T18:21:45Z

← Older revision		Revision as of 18:21, 15 March 2019
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−
	Many construction industry practitioners will have been confronted with a contract which requires the parties to use 'best' or 'reasonable' endeavours in performing obligations under the contract. This apparently minor difference however presents a real risk to a party if they are unaware of the difference in legal interpretation between the two terms.		Many construction industry practitioners will have been confronted with a contract which requires the parties to use 'best' or 'reasonable' endeavours in performing obligations under the contract. This apparently minor difference however presents a real risk to a party if they are unaware of the difference in legal interpretation between the two terms.

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	There are no clear definitions of these terms upon which reliance can be made but case law has held that best endeavours means, amongst other things:		There are no clear definitions of these terms upon which reliance can be made but case law has held that best endeavours means, amongst other things:
−	*To leave no stone unturned.	+
−	*To do what is reasonably to be expected in the circumstances.	+	* To leave no stone unturned.
−	*Not to do anything that will jeopardise the commercial interests of the obligor.	+	* To do what is reasonably to be expected in the circumstances.
		+	* Not to do anything that will jeopardise the commercial interests of the obligor.

	An immediate and obvious difficulty is that the word “reasonably” appears in a definition of 'best' endeavours. Furthermore, case law has also used similar language in defining reasonable endeavours.		An immediate and obvious difficulty is that the word “reasonably” appears in a definition of 'best' endeavours. Furthermore, case law has also used similar language in defining reasonable endeavours.
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	For the purposes of the layman, however, one can point to certain more simple facts:		For the purposes of the layman, however, one can point to certain more simple facts:
−	*Reasonable endeavours will be less onerous than best endeavours.
−	*If a contract sets out specific steps to be taken as part of a reasonable obligation, ensure that these steps are indeed carried out. This is regardless of commercial considerations.

−	----	+	* Reasonable endeavours will be less onerous than best endeavours.
		+	* If a contract sets out specific steps to be taken as part of a reasonable obligation, ensure that these steps are indeed carried out. This is regardless of commercial considerations.
		+
		+	-----
		+	This article was created by: --[[User:Martinc\|Martinc]] 14:11, 22 November 2014 (UTC)

−	~~This article was created by: --[[User%3AMartinc\|Martinc]] 14:11, 22 November 2014 (UTC)<br/>~~	+	= Related articles on Designing Buildings Wiki =

−	~~= Find out more =~~	+	* Delict.
		+	* Duty of care.
		+	* Duty to warn.
		+	* Fitness for purpose.
		+	* Good faith.
		+	* Good faith – good grief.
		+	* Reasonable skill and care.

−	==~~= Related articles on Designing Buildings Wiki ===~~	+	= Relevant case law =
−	*Duty of care.	+
−	*Duty to warn.<br/>	+
−	*Fitness for purpose.	+
−	*Good faith.	+
−	*Good faith – good grief.	+
−	*Reasonable skill and care.	+

−	~~=== Relevant case law ===~~	+	* [http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Ch/2006/3166.html http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Ch/2006/3166.html]
−	*[http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Ch/2006/3166.html http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Ch/2006/3166.html]	+	* [http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Comm/2007/292.html http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Comm/2007/292.html]
−	*[http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Comm/2007/292.html http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Comm/2007/292.html]	+

−	[[Category:Other_legislation]]	+	[[Category:Other_legislation]] [[Category:DCN_Legislation]] [[Category:Contracts_/_payment]]
−	[[Category:Contracts_/_payment]]	+

Designing Buildings at 11:03, 24 November 2014

2014-11-24T11:03:05Z

← Older revision		Revision as of 11:03, 24 November 2014
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	Evidently an obligation to use 'best endeavours' implies a higher degree of commitment to perform a particular task when compared to 'reasonable endeavours' but, as is often the case, it is only when a contract dispute arises and Court proceedings follow that the reality of the difference becomes apparent.		Evidently an obligation to use 'best endeavours' implies a higher degree of commitment to perform a particular task when compared to 'reasonable endeavours' but, as is often the case, it is only when a contract dispute arises and Court proceedings follow that the reality of the difference becomes apparent.

−	s, amongst other things:	+	There are no clear definitions of these terms upon which reliance can be made but case law has held that best endeavours means, amongst other things:
	*To leave no stone unturned.		*To leave no stone unturned.
	*To do what is reasonably to be expected in the circumstances.		*To do what is reasonably to be expected in the circumstances.
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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
	*Duty of care.		*Duty of care.
−	*Duty to warn. <br/>	+	*Duty to warn.<br/>
	*Fitness for purpose.		*Fitness for purpose.
	*Good faith.		*Good faith.
−	*Good faith – good grief.	+	*Good faith – good grief.
	*Reasonable skill and care.		*Reasonable skill and care.

Designing Buildings at 11:02, 24 November 2014

2014-11-24T11:02:06Z

← Older revision		Revision as of 11:02, 24 November 2014
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−	Many construction industry practitioners will have been confronted with a contract ~~to sign~~ which requires parties ~~to undertake~~ to use ~~“best”~~ or ~~“reasonable”~~ endeavours in performing ~~various~~ obligations under the contract. This apparently minor difference ~~in obligation,~~ however, presents a real risk to a party ~~to a contract who is~~ unaware of the difference in legal interpretation between the two terms.	+	Many construction industry practitioners will have been confronted with a contract which requires the parties to use 'best' or 'reasonable' endeavours in performing obligations under the contract. This apparently minor difference however presents a real risk to a party if they are unaware of the difference in legal interpretation between the two terms.

−	Evidently an obligation to use best endeavours implies a higher degree of commitment to perform a particular task when compared to reasonable endeavours but, as is often the case, it is only when a contract dispute arises and Court proceedings follow that the reality of the difference becomes apparent.	+	Evidently an obligation to use 'best endeavours' implies a higher degree of commitment to perform a particular task when compared to 'reasonable endeavours' but, as is often the case, it is only when a contract dispute arises and Court proceedings follow that the reality of the difference becomes apparent.

−	~~There are no clear definitions of these terms upon which reliance can be made but case law has held that best endeavours means''~~, ~~inter alia''~~	+	s, amongst other things:
−	*To leave no stone unturned	+	*To leave no stone unturned.
−	*To do what is reasonably to be expected in the circumstances	+	*To do what is reasonably to be expected in the circumstances.
−	*Not to do anything that will jeopardise the commercial interests of the obligor	+	*Not to do anything that will jeopardise the commercial interests of the obligor.

−	An immediate and obvious difficulty is that the word “reasonably” appears in a definition of ~~“best”~~ endeavours! Furthermore case law has also used similar language in defining reasonable endeavours.	+	An immediate and obvious difficulty is that the word “reasonably” appears in a definition of 'best' endeavours. Furthermore, case law has also used similar language in defining reasonable endeavours.

	Behind these definitions lies an expectation of what might be done to ensure that these obligations are met.		Behind these definitions lies an expectation of what might be done to ensure that these obligations are met.

−	In the case of best endeavours it may ~~well~~ be the case that a party has to commit extra resources or spend additional funds in order to meet the obligation – even to the extent that it is commercially damaging to the party concerned.	+	In the case of best endeavours it may be the case that a party has to commit extra resources or spend additional funds in order to meet the obligation, even to the extent that it is commercially damaging to the party concerned. Where the obligation is reasonable it is unlikely that this degree of obligation would be applied by the Courts.
−		+
−	Where the obligation is reasonable it is unlikely that this degree of obligation would be applied by the Courts.	+

	And when it comes to testing these definitions in Court a subjective approach is adopted for best endeavours whilst it is an objective one for reasonable endeavours.		And when it comes to testing these definitions in Court a subjective approach is adopted for best endeavours whilst it is an objective one for reasonable endeavours.

	For the purposes of the layman, however, one can point to certain more simple facts:		For the purposes of the layman, however, one can point to certain more simple facts:
−	*Reasonable endeavours will be less onerous than best endeavours ~~so, as obligor, always argue for reasonable endeavours as a contractual obligation~~.	+	*Reasonable endeavours will be less onerous than best endeavours.
	*If a contract sets out specific steps to be taken as part of a reasonable obligation, ensure that these steps are indeed carried out. This is regardless of commercial considerations.		*If a contract sets out specific steps to be taken as part of a reasonable obligation, ensure that these steps are indeed carried out. This is regardless of commercial considerations.

	----		----

−	This article was created by: --[[User~~:Martinc~~\|Martinc]] 14:11, 22 November 2014 (UTC) <br/>	+	This article was created by: --[[User%3AMartinc\|Martinc]] 14:11, 22 November 2014 (UTC)<br/>

	= Find out more =		= Find out more =

	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
		+	*Duty of care.
		+	*Duty to warn. <br/>
	*Fitness for purpose.		*Fitness for purpose.
−	*Good faith. ~~<br/>~~	+	*Good faith.
		+	*Good faith – good grief.
	*Reasonable skill and care.		*Reasonable skill and care.

Designing Buildings at 10:56, 24 November 2014

2014-11-24T10:56:43Z

← Older revision		Revision as of 10:56, 24 November 2014
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−
−
−	~~'''Best Endeavours Vs Reasonable Endeavours'''~~

	Many construction industry practitioners will have been confronted with a contract to sign which requires parties to undertake to use “best” or “reasonable” endeavours in performing various obligations under the contract. This apparently minor difference in obligation, however, presents a real risk to a party to a contract who is unaware of the difference in legal interpretation between the two terms.		Many construction industry practitioners will have been confronted with a contract to sign which requires parties to undertake to use “best” or “reasonable” endeavours in performing various obligations under the contract. This apparently minor difference in obligation, however, presents a real risk to a party to a contract who is unaware of the difference in legal interpretation between the two terms.
Line 26:		Line 23:
	*If a contract sets out specific steps to be taken as part of a reasonable obligation, ensure that these steps are indeed carried out. This is regardless of commercial considerations.		*If a contract sets out specific steps to be taken as part of a reasonable obligation, ensure that these steps are indeed carried out. This is regardless of commercial considerations.

−	~~Examples of relevant case law can be found at~~:	+	----
		+
		+	This article was created by: --[[User:Martinc\|Martinc]] 14:11, 22 November 2014 (UTC) <br/>

−	~~[http://www.bailii.org/cgi-bin/markup.cgi?doc~~=~~/ew/cases/EWHC/Ch/2006/3166.html http://www.bailii.org/cgi-bin/markup.cgi?doc~~=~~/ew/cases/EWHC/Ch/2006/3166.html]~~	+	= Find out more =

−	~~[http://www.bailii.org/cgi-bin/markup.cgi?doc~~=~~/ew/cases/EWHC/Comm/2007/292~~.~~html http://www~~.~~bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Comm/2007~~/~~292~~.~~html]~~	+	=== Related articles on Designing Buildings Wiki ===
		+	*Fitness for purpose.
		+	*Good faith. <br/>
		+	*Reasonable skill and care.

−	~~This article was created by~~: --[~~[User~~:~~Martinc\|Martinc]] 14~~:~~11, 22 November 2014 (UTC)~~	+	=== Relevant case law ===
		+	*[http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Ch/2006/3166.html http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Ch/2006/3166.html]
		+	*[http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Comm/2007/292.html http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Comm/2007/292.html]

	[[Category:Other_legislation]]		[[Category:Other_legislation]]
		+	[[Category:Contracts_/_payment]]

Designing Buildings: moved Best Endeavours and Reasonable Endeavours to Best endeavours v reasonable endeavours

2014-11-24T10:53:50Z

moved Best Endeavours and Reasonable Endeavours to Best endeavours v reasonable endeavours

← Older revision

Revision as of 10:53, 24 November 2014

Martinc: Created page with " '''Best Endeavours Vs Reasonable Endeavours''' Many construction industry practitioners will have been confronted with a contract to sign which requires parties to undertake t..."

2014-11-22T14:11:29Z

Created page with " '''Best Endeavours Vs Reasonable Endeavours''' Many construction industry practitioners will have been confronted with a contract to sign which requires parties to undertake t..."

New page

'''Best Endeavours Vs Reasonable Endeavours'''

Many construction industry practitioners will have been confronted with a contract to sign which requires parties to undertake to use “best” or “reasonable” endeavours in performing various obligations under the contract. This apparently minor difference in obligation, however, presents a real risk to a party to a contract who is unaware of the difference in legal interpretation between the two terms.

Evidently an obligation to use best endeavours implies a higher degree of commitment to perform a particular task when compared to reasonable endeavours but, as is often the case, it is only when a contract dispute arises and Court proceedings follow that the reality of the difference becomes apparent.

There are no clear definitions of these terms upon which reliance can be made but case law has held that best endeavours means'', inter alia''
*To leave no stone unturned
*To do what is reasonably to be expected in the circumstances
*Not to do anything that will jeopardise the commercial interests of the obligor

An immediate and obvious difficulty is that the word “reasonably” appears in a definition of “best” endeavours! Furthermore case law has also used similar language in defining reasonable endeavours.

Behind these definitions lies an expectation of what might be done to ensure that these obligations are met.

In the case of best endeavours it may well be the case that a party has to commit extra resources or spend additional funds in order to meet the obligation – even to the extent that it is commercially damaging to the party concerned.

Where the obligation is reasonable it is unlikely that this degree of obligation would be applied by the Courts.

And when it comes to testing these definitions in Court a subjective approach is adopted for best endeavours whilst it is an objective one for reasonable endeavours.

For the purposes of the layman, however, one can point to certain more simple facts:
*Reasonable endeavours will be less onerous than best endeavours so, as obligor, always argue for reasonable endeavours as a contractual obligation.
*If a contract sets out specific steps to be taken as part of a reasonable obligation, ensure that these steps are indeed carried out. This is regardless of commercial considerations.

Examples of relevant case law can be found at:

[http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Ch/2006/3166.html http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Ch/2006/3166.html]

[http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Comm/2007/292.html http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Comm/2007/292.html]

This article was created by: --[[User:Martinc|Martinc]] 14:11, 22 November 2014 (UTC)

[[Category:Other_legislation]]