Best and reasonable endeavours clauses

by Practical Law Commercial and Richard Cumbley and Peter Church, Linklaters LLP

Maintained | England, Wales

A practice note that considers the use of endeavours clauses in commercial contracts. These clauses are used when a party is only prepared to ‘try’ to fulfil a contractual obligation, rather than commit to it absolutely. The strength of these clauses varies with “best endeavours” being more onerous than “reasonable endeavours”, and “all reasonable endeavours” likely to sit somewhere in the middle. However, the meaning of these clauses is very context specific. This practice note identifies the key case law on the interpretation of these clauses and provides practical advice on their drafting and negotiation.

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