Abstract:
Endeavours clauses are a useful mechanism for the imposition of non-absolute (or qualified) contractual obligations. This article examines how the various types of endeavours clauses – in particular, “best endeavours”, “all reasonable endeavours” and “reasonable endeavours” clauses – are interpreted. Practical issues relating to the use of endeavours clauses are also considered: these include how parties may deviate from the established standards imposed by endeavours clauses, as well as uncertainty problems that may arise from the use of endeavours clauses, particularly, in agreements to endeavour to agree.