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- Title
The Pursuit of Certainty: A New Approach to Best Endeavours Clauses.
- Authors
GREATREX, MICHAEL
- Abstract
Though a useful instrument for commercial parties to contracts, endeavours clauses are plagued with problems. This article argues a single standard should be applied across endeavours obligations and a more stringent level of certainty required to give effect to them. This approach is preferable to the traditional English hierarchy of vague endeavours formulations, differentiation of which is "a pointless hair-splitting exercise". Endeavours clauses are always determined in their particular context. This fact, for the most part, renders the traditional hierarchy useless. A single standard and stricter level of certainty would improve certainty of contract, give better effect to the actual intentions of contracting parties, and facilitate the drafting of better contracts.
- Subjects
NEW Zealand; CONTRACTS; CLAUSES (Law); LEGAL certainty; OBLIGATIONS (Law)
- Publication
Te Mata Koi: Auckland University Law Review, 2019, Vol 25, p155
- ISSN
0067-0510
- Publication type
Article