"best endeavours" can actually make you act against your own interests in English law

(There's no such thing as UK law ...)

"best endeavours does not mean second best endeavours", as the famous dictum says (Sheffield District Railway Co v Great Central Railway Co (1911) 27 T.L.R. 451), and Lewison on The Interpretation of Contracts draws the distinction: "Where the contract provides for a party to use best endeavours to obtain a particular result it is considered that he must, if necessary, to some extent subordinate his own financial interests under the contract to the obtaining of that result ... Where, by contrast, the obligation is an obligation to use reasonable endeavours, he need not subordinate his own financial interests to the agreed goal"

Posted By: Old Git, Jan 29, 16:36:18

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