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Prescribing the course of action

By: Language: English Series: Estates Gazette ; (0745) 10 November 2007, 157(1)Publication details: 2007Subject(s): Summary: 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.

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.