Drafting points: Endeavouring to understand

Forsters LLP | Property Law Journal | May 2018 #361
Heather McDonald and Natasha Rees outline the three types of endeavour and their current definitions and consider the practical implications of using each in drafting ‘Care should be exercised in the use of firms‘ precedent agreements and clarity should trump finality in order to ensure parties are clear on their obligations and that these are …

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Contractual Endeavours: New homes and cheap flights

Fieldfisher | Property Law Journal | September 2012 #294
Alan Woolston and Chris Farrell assess the outcome of two recent cases ‘There have been two cases this year, one recent and one not so recent, which have provided some examples of scenarios where the courts will find that an ‘endeavours’ obligation was breached or complied with.’ Commercial contracts require certainty, so it is perhaps …

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Best Endeavours: Make sure of your intentions

BDB Pitmans | Property Law Journal | September 2012 #294
Jennifer Chappell discusses a case highlighting the importance of ensuring that contractual obligations do not take priority over commercial interests ‘The obligation to use ‘best’, ‘all reasonable’ or ‘reasonable endeavours’ can crop up in any commercial or property contract, and the parties must be sufficiently certain as to what these terms mean.’ Property owners and …

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