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Using “all reasonable endeavours"

Jonathan Winston Jonathan Winston
1 min read
This blog is more than 14 years old

In a case involving Jet 2 The High Court has rejected the argument that a duty to use all reasonable endeavours did not require a party to act against its own commercial interests, as the duty related to matters within the defendant's control. To allow the argument to succeed in these circumstances would mean that a party could limit or abandon performance as soon as it became commercially undesirable or unprofitable. A party that enters a burdensome contract cannot escape performance merely because its obligation is limited to all reasonable endeavours.

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