Best, reasonable and all reasonable endeavours: what are you agreeing to do?
Three recent overseas decisions have shed some light on the meaning of the terms "best endeavours", "reasonable endeavours" and "all reasonable endeavours". Each of these terms is used regularly to qualify parties' obligations in commercial agreements, but without necessarily any clear understanding by the party of the extent to which he or she has committed to achieving the desired result. In this article we review the recent cases and offer some practical guidance for negotiating levels of "endeavours" obligations.
New Insolvency Act comes into force
The Insolvency Act 2006 came into force on 3 December, replacing the Insolvency Act 1967.
Changes to the PPSA and a new look for the PPSR website
The Personal Property Securities Amendment Act 2007 came into force on 19 September. In addition a new look Personal Property Securities Register website is scheduled for launch later this year.
For more information on any of the cases, articles and features in Commercial Quarterly, please email Diane Graham or call her on 64 9 916 8849.
This publication is necessarily brief and general in nature. You should seek professional advice before taking any action in relation to the matters dealt with in this publication.