Abstract:
Contractual clauses to use “best endeavours”, “all reasonable endeavours” and “reasonable endeavours” have never received much academic attention, even though they are commercially important as flexible alternatives to absolute contractual obligations. The Singapore Court of Appeal recently considered the interpretation of endeavours clauses in the case of KS Energy Services Ltd v BR Energy (M) Sdn Bhd [2014] 2 SLR 905 (“KS Energy Services”). This case note discusses the significance and implications of KS Energy Services, in the light of two related judicial decisions from the High Court of Australia and the English Court of Appeal.