Module 3 · Chapter 6

Best Endeavours vs Reasonable Endeavours Explained

A promise to try is weaker than a promise to do. This chapter shows how firm each kind of effort clause is, and how to turn a hope into a duty with a remedy.

≈ 7 min read 8-question test

In this chapter

  • What best, all reasonable and reasonable endeavours each ask of a party
  • How to swap a promise to try for a firm deadline and a remedy
  • Why the Agreement prices a late van instead of making time of the essence

6.1Promising to try, or promising a result

A duty can promise a result or an effort. “Kestrow shall return the van” promises a result. A duty to use “endeavours” to return it promises only an effort.

That promise is kept if Kestrow, the garage, tries hard enough, even if the van never comes back. So ask what your client needs. If it needs the result, promise the result, and say what happens when it does not come.

Key point

A promise to try gives no remedy when the trying fails. If the client needs a result, write a firm duty and add a remedy.

Also in this chapter

  1. Best, all reasonable and reasonable endeavours
  2. Turn the effort into a deadline and a remedy
  3. Service credits, and why time is not of the essence
  4. Your job

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