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Results: 1-10 of 18

The phrase “terms and conditions available upon request” could incorporate terms of trading into a contract

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • December 3 2010

The Court of Appeal considered the meaning and effect of the phrase "terms and conditions available on request" in Rooney and another v CSE Bournemouth Ltd

Rooney v CSE Bournemouth Ltd: terms and conditions available upon request

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • January 25 2011

In Rooney v CSE Bournemouth Ltd 2010 EWCA Civ 1364, the Court of Appeal of England and Wales held that "terms andconditions available upon request" could be interpreted asincorporating a contractor's standard terms

Commercial Court finds that economic downturn does not constitute force majeure

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 31 2010

In Tandrin Aviation Holdings Ltd v Aero Toy Store LLC 2010 EWHC 40 (Comm), Mr Justice Hamblen awarded summary judgment against a party who sought to argue that the stark change in market conditions triggered a force majeure clause

The enforceability of “best endeavours” clauses

  • Quinn Emanuel Urquhart & Sullivan LLP
  • -
  • United Kingdom
  • -
  • June 27 2012

Clauses requiring parties to use ‘best’ or ‘reasonable’ endeavours are common place in commercial contracts

Contract badly drafted and somewhat counterintuitive, but enforced

  • Borden Ladner Gervais LLP
  • -
  • United Kingdom
  • -
  • December 16 2011

A contract for the construction and sale of an aircraft by Bombardier provided in clause 8.4 that the buyer could terminate immediately after 90 days of ‘non-excusable delay’ (as defined

The economic downturn is it force majeure?

  • Mayer Brown LLP
  • -
  • United Kingdom
  • -
  • July 26 2010

Since "force majeure" is not a term of art, whether an event triggers a "force majeure" clause depends on the proper construction of the clause wording

Meaning of “all reasonable endeavours”

  • Dorsey & Whitney LLP
  • -
  • United Kingdom
  • -
  • February 23 2012

The High Court has held that the duty to use “all reasonable endeavours” can require a party to act against its own commercial interests, but made clear that the requirement to act against one’s own commercial interests relates only to matters within a party’s control

What are “best endeavours”?

  • Mason Hayes & Curran
  • -
  • United Kingdom
  • -
  • August 29 2012

In Jet2.com v Blackpool Airport Limited, the English Court of Appeal was faced with two questions on a “best endeavours” clause: Is it enforceable? And what does it mean?

"Best endeavours" can require a party to incur financial loss

  • Buddle Findlay
  • -
  • New Zealand, United Kingdom
  • -
  • May 2 2012

A recent England and Wales Court of Appeal decision (Jet2.com Ltd v Blackpool Airport Ltd 2012 EWCA Civ 417) suggests that a "best endeavours" commitment can impose more onerous obligations than some might expect

Endeavours duties when are they too uncertain to enforce?

  • Dentons
  • -
  • United Kingdom
  • -
  • April 12 2012

Parties to a contract often later disagree about the scope of a duty to use reasonable or best endeavours to bring about a particular end

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