Kent Solicitors

Best endeavours means to take all those steps in their power which are capable of producing the desired results, being steps which a prudent, determined and a reasonable person acting in his own interests and desiring to achieve that result, would take. It is not an absolute obligation, nor is it the next best thing to an absolute obligation or guarantee. There are repeated references to reasonableness e.g. it must at least be the doing of all that reasonable persons reasonably could do in the circumstances.

Labels: Best endeavours

The courts continue to define what, in various circumstances, is meant by someone agreeing to use their best endeavours to achieve a certain goal. Obviously, it depends upon the circumstances but one of the latest cases involved an obligation by a party to use best endeavours to achieve a particular planning permission. After examining all his efforts, the court declared that he had not really made any substantial attempts and that therefore he failed in his obligation

Labels: Best endeavours