Prescribing the course of action

Webber, Richard

Prescribing the course of action - 2007 - Estates Gazette (0745) 10 November 2007, 157(1) .

Considers obligations to attempt actions expressed within sale agreements. Examines how hard a party may be expected to carry out acts which are against its commercial interest. There is no clear test for using best, reasonable or all reasonable endeavours. Provides a general guide for this based on case law in two recent, prominent rulings.


YEWBELLE LTD V LONDON GREEN DEVELOPMENTS LTD AND ANOTHER
RHODIA INTERNATIONAL HOLDINGS LTD AND ANOTHER V HUNTSMAN INTERNATIONAL LLC


United Kingdom--