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Jet2.Com Ltd v Blackpool Airport Ltd [electronic resource]

Language: English Publication details: 2012Subject(s): Online resources: Summary: [2012] EWCA Civ 417, 2 April 2012. Considers whether an obligation to use best endeavours can require a party to act against its own commercial interests. Claimant airline J's agreement with defendant B had a "best endeavours" clause requiring B to support and promote J's services. Later B, concerned about costs, told J that it could no longer fly outside normal operating hours. J claimed that B had breached its best endeavours obligation. "Held": appeal upheld. B was in breach of its best endeavours obligation although the court was not unanimous in its decision.

[2012] EWCA Civ 417, 2 April 2012. Considers whether an obligation to use best endeavours can require a party to act against its own commercial interests. Claimant airline J's agreement with defendant B had a "best endeavours" clause requiring B to support and promote J's services. Later B, concerned about costs, told J that it could no longer fly outside normal operating hours. J claimed that B had breached its best endeavours obligation. "Held": appeal upheld. B was in breach of its best endeavours obligation although the court was not unanimous in its decision.