| gen. |
употреблять разумные усилия The use in contracts of the expressions "reasonable endeavours" "all reasonable endeavours" and "best endeavours" are a constant source of confusion to businesses as well as the legal professions. There used to be a view that "best endeavours" could never be agreed to simply, because it required the person giving that undertaking to bankrupt themselves or their company in order to satisfy the obligation. Recent cases show that that is not the situation and that in fact "best endeavours" is really doing no more than doing what a reasonable company would do in the circumstances. A recent case, (Yewbelle Limited -v- London Green Developments Limited, decided on 8 December 2006) has a commentary on the obligation to use 'reasonable endeavours'. It states that such an obligation requires a person to go on using reasonable endeavours until the point is reached where they would simply be repeating themselves to keep trying. The question of what is a reasonable time to keep trying was left undefined by the case the judge simply saying that account may be taken of events as they unfold including extraordinary events. (Alexander Demidov) |
