What is a best effort clause?
Thus, in many jurisdictions, a “best efforts” clause requires a contract party to do only that which is reasonable under the circumstances in light of the party’s capabilities— the same obligation imposed by a “reasonable efforts” provision.
What does best effort mean legally?
“Best efforts” is at the top of the scale and is generally perceived to mean that a party must do all that can possibly be done to seek and obtain an end, even if the impact would be materially adverse to the seeking party and even if there is a material monetary cost to the action.
Is best effort a legal term?
“Best efforts” imposes a higher obligation than a “reasonable effort”. While “best efforts” of the defendant must be subject to such overriding obligations as honesty and fair dealing, it is not necessary for the plaintiff to prove that the defendant acted in bad faith.
Are best efforts the same as best endeavors?
“Best efforts” will most likely be interpreted by the courts by analogy with the English law term “best endeavours”. Therefore, when drawing up an English law contract, it is recommended to use the wording “best endeavours”, in relation to which there is a relevant case law base.
Do your best effort?
Doing your best is trying your hardest, so putting in a 100% effort is imperative. Flaking out on putting in your all can mean the difference between success and failure, so to do your best is to put in all the effort possible into achieving your objectives.
What is considered a good faith effort?
A “Good Faith Effort” is considered to have been made when an agency, or other entity, has exhausted all reasonable means to comply with affirmative action hiring or contract goals.
Will they use its best endeavors?
Best endeavors is a legal term that represents an obligation on a party in a contract to take all the steps in their power to fulfill the terms of the agreement. Best efforts are generally preferred to best endeavors in the United States, but the terms are equivalent.
What does reasonable mean legally?
Just, rational, appropriate, ordinary, or usual in the circumstances. It may refer to reasonable care, cause, compensation, doubt (in a criminal trial), and a host of other actions or activities. “Reasonable” is also frequently used for tax purposes.
Will use their best endeavors?
An obligation to use best endeavours means that the party is expected to do everything that a reasonable person would be able to do in the circumstances. The extent to which a reasonable person would be expected to do something is likely to depend on the context of the agreement.
Do you do or make effort?
“Doing an effort” is not correct. You do some work and you put some effort into doing the work. The idiomatic phrase to use here is make an effort.
How do you use best effort in a sentence?
best efforts in a sentence
- I showed up ready to play and gave it my best effort.
- Their best effort that day lasted 59 seconds and covered 852 feet.
- But we made the best effort we could of a sad situation.
- You want to put out your best effort when you get there.
- It was his best effort in the last five years or so.
What is another word for good faith?
In this page you can discover 12 synonyms, antonyms, idiomatic expressions, and related words for good faith, like: bona fides, bonne foi, pledge, promise, troth, word, straightness, impartiality, truthfulness, reasonableness and faith.
What does best efforts mean in a contract?
A standard feature of contracts is the “best efforts”provision and its variants, but there is a lot of confusion about what they mean. Fortunately,careful drafting allows you to avoid the pitfalls.
Which is higher best efforts or reasonable efforts?
“Best efforts” imposes a higher obligation than a “reasonable effort”. “Best efforts” means taking, in good faith, all reasonable steps to achieve the objective, carrying the process to its logical conclusion and leaving no stone unturned.
Is the endeavours clause enforceable in the first place?
An issue often raised in the context of claims for breach of an endeavours clause is whether the obligation was enforceable in the first place. This was argued in Astor Management. In that case the defendants had purchased the claimants’ interest in a dormant mining project.
What did Falstaff do with its best efforts?
Falstaff agreed to use its best efforts to maintain a high sales volume and maximize the payout to Bloor, but when sales slipped, Falstaff did little to stop the slide.