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Best efforts: Difference between revisions
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{{a|drafting|}} | {{a|drafting|}}{{d|{{PAGENAME}}|/bɛst ˈɛfəts/|n}} | ||
By contrast a “[[best endeavours]]” obligation requires the [[Clapham omnibus|fabled bus passenger]] to alight and go down ''every one'' of the avenues that seems reasonable, before stuffing that for a game of soldiers, to exhaust the lot of them. | For pompouser types, “[[best endeavours]]” — “efforts” and “endeavours” being interchangeable — {{cite|Rhodia International Holdings Ltd |Huntsmann International|2007|EWHC 292 (Comm)|}} held that “''reasonable'' endeavours” requires [[Clapham omnibus|the person on the Clapham omnibus]] only “endeavour” down a ''single'' avenue of reasonableness. That having resulted in a dead-end, there is no further cause to wander up and down thoroughfares, however reasonable they may in the abstract be, to discharge one’s obligation. | ||
By contrast, a “[[best endeavours]]” obligation requires the [[Clapham omnibus|fabled bus passenger]] to alight and go down ''every one'' of the avenues that seems reasonable,<ref>Reasonable to whom? To a person on the [[Clapham omnibus]], of course.</ref> before stuffing that for a game of soldiers, to exhaust the lot of them. | |||
“[[All reasonable endeavours]]” on this logic, is the same as “best endeavours”. It requires money down in the pursuit of real and active, reasonable, effort. | “[[All reasonable endeavours]]” on this logic, is the same as “best endeavours”. It requires money down in the pursuit of real and active, reasonable, effort. | ||
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*[[Best reasonable efforts]] | *[[Best reasonable efforts]] | ||
*[[Worst reasonable efforts]] | *[[Worst reasonable efforts]] | ||
{{Ref}} | |||