s'times 3 possibilities or a spectrum mentioned (re "all reasonable end's")

“Where a contract is conditional upon the grant of some permission, the courts often imply terms about obtaining it. There is a spectrum of possible implications. The implication might be one to use best endeavours to obtain it (see Fischer v Toumazos [1991] 2 E.G.L.R. 204), to use all reasonable efforts to obtain it (see Hargreaves Transport v Lynch [1969] 1 W.L.R. 215) or to use reasonable efforts to do so. The term alleged in this case [to use reasonable efforts] is at the lowest end of the spectrum.”
jolley v carmel, lewison

Posted By: paulg on January 29th 2021 at 17:14:27

Message Thread

PM OG - AZ contract (Coronavirus) - CWC, Jan 29, 12:37:46
- Um. Isn't this contract with the Swedish entity, not the UK entity? (Coronavirus) - Old Man, Jan 29, 14:08:28
  - Thats in interesting point in the context of the warranties if the Uk contract is with (Coronavirus) - Jim, Jan 29, 14:12:43
    - 5.4 says manufactured in the EU including the UK - but not by whom (Coronavirus) - Old Man, Jan 29, 14:19:10
      - Yes. My point (which your observation is relevant to) was that at 13(e) (Coronavirus) - Jim, Jan 29, 14:34:03
- UK says that they negotiated removal of best endeavours clause (Coronavirus) - paulg, Jan 29, 13:43:09
- I'm being thick - all I can find there is a press release. Where is it?! (Coronavirus) - Old Git, Jan 29, 13:10:04
  - Here (Coronavirus) - Jim, Jan 29, 13:13:01
    - it's a concern (n/m) (Coronavirus) - Ken Dodds Dads Dog, Jan 29, 13:30:37
      - 🤣🤣👏 (n/m) (Coronavirus) - protheroe fitzgibbon, Jan 29, 13:32:41
  - under "Related Documents" PDF link (n/m) (Coronavirus) - CWC, Jan 29, 13:11:14
- As a non legal person does this mean AZ are liable to supply UK jabs to the EU? (n/m) (Coronavirus) - JoeyDeacon, Jan 29, 12:43:42
  - An English QC thinks not; and you can see past some of the redactions (Coronavirus) - Old Man, Jan 29, 17:02:12
    - And another view (Coronavirus) - Old Man, Jan 29, 17:08:18
      - ...in fact you can unredact the whole document using the trick I posted two posts up (Coronavirus) - Old Man, Jan 29, 17:11:38
  - under English law, nope. Under Belgian law, before a Belgian court..? (Coronavirus) - CWC, Jan 29, 13:08:19
    - As you say, Belgian law and court (Coronavirus) - Old Git, Jan 29, 15:51:59
      - yup. 'best; is a bit of a misnomer. Reads like reasonable efforts to me. (n/m) (Coronavirus) - CWC, Jan 29, 16:17:54
        
        "best reasonable" is a weird hybrid! (Coronavirus) - Old Git, Jan 29, 16:27:11
        
        amuses me that their other APA has it as reasonable best endeavours (Coronavirus) - CWC, Jan 29, 16:31:28
        
        must be less than "best" whatever else it means (Coronavirus) - paulg, Jan 29, 16:28:40
      - EU doesn;t include UK for that clause as well although 5.4 turns it into a right old (Coronavirus) - Jim, Jan 29, 15:59:30
        
        but none of that really matters (Coronavirus) - paulg, Jan 29, 16:10:22
        
        "best endeavours" can actually make you act against your own interests in English law (Coronavirus) - Old Git, Jan 29, 16:36:18
        
        *scribbles furious notes* (Coronavirus) - CWC, Jan 29, 16:46:59
        
        Ha ha (Coronavirus) - Old Git, Jan 29, 16:49:47
        
        true, but .... (Coronavirus) - paulg, Jan 29, 16:43:51
        
        Yes, I agree (Coronavirus) - Old Git, Jan 29, 16:57:10
        
        s'times 3 possibilities or a spectrum mentioned (re "all reasonable end's") (Coronavirus) - paulg, Jan 29, 17:14:27
        
        Best endeavours is very different and very onerous under UK law (Coronavirus) - Jim, Jan 29, 16:13:00
        
        onerous yes, but not absolute or entailing an obligation to break other duties (n/m) (Coronavirus) - paulg, Jan 29, 16:27:44
    - There is no "imediment" to the use of best endeavours ... (Coronavirus) - paulg, Jan 29, 14:11:48
      - it's actually a really good training exercise for junior lawyers (Coronavirus) - CWC, Jan 29, 15:19:59
        
        but even then, I think the EU are some way off (Coronavirus) - paulg, Jan 29, 15:46:36
        
        I don't even get the whinge from them about exports (Coronavirus) - CWC, Jan 29, 16:16:31
        
        yes, that (n/m) (Coronavirus) - paulg, Jan 29, 16:22:39
        
        There are a load of other uncertainties (Coronavirus) - Jim, Jan 29, 15:58:11
      - or "pedi" even (n/m) (Coronavirus) - paulg, Jan 29, 14:12:42
    - Arbitration I'd have thought (Coronavirus) - Cardiff Canary, Jan 29, 13:16:23
      - 18.5(b). But you're right, it won't get that far. (n/m) (Coronavirus) - CWC, Jan 29, 13:17:58
    - Like you say the Belgian jurisdiction complicates things but (Coronavirus) - Jim, Jan 29, 13:15:27
  - Its not clear cut. (Coronavirus) - Jim, Jan 29, 13:01:35

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