Comparative Study The Concept of the Commitment to the Best Efforts ‎Clause in International Commercial Contracts

Document Type : Research Paper

Authors

Department of Private Law, Allameh Tabatabai’ University, Tehran, Iran‎

10.22059/jcl.2023.351816.634466

Abstract

The best effort (conventional maximum effort) clause is the result of innovation in international commercial contracts, which is of particular importance in order to influence the interpretation of the contractual provisions and achieve the desired result. This clause is seen to be more effective among other similar clauses such as the reasonable care clause, and due diligence, because the obligor must use all his ability and expertise to fulfill the obligation. The best effort clause has different meanings in common law and civil law systems. The best effort clause in the civil law obliges the obligor to do everything in his power to fulfill his obligations, even if spending unlimited amounts of resources will cause him loss or bankruptcy, but in countries subject to common law, this clause has It is more flexible and means a conventional and appropriate effort, and therefore the obligor is not obliged to cut himself off from existence to fulfill the obligation. There is no mention of such a clause in Iranian law, but according to written laws and in the form of the traditional concept of commitment to means and results, accepting such a clause can be justified.

Keywords

Main Subjects

References

  1. Adams, K.A. (2004). Recommendations. PRACTICAL LAWYER- Understanding" Best Efforts" And Its Variants 4, Philadelphia, 50(4),. (Including Drafting(
  2. Cordero-Moss Giuditta (2011). Boilerplate Clauses, International Commercial Contracts and the Applicable Law.
  3. Corones, Stephan (2008). Consumer Protection and Product Liability Law: Commentary and Materials , Lawbook Company.
  4. Denis Philippe & Partners , Brussels , Belgium (1989). Best Efforts Clauses: Common Law and Civil Law .
  5. Goldberg, Victor P. (2006). Framing Contract Law: An Economic Perspective. Harvard University Press.
  6. Harvey , Brian (2000). The Law of Consumer Protection and Fair Trading. Butterworths.
  7. Howells, Geraint (2013). The Tobacco Challenge: Legal Policy and Consumer Protection. Ashgate Publishing, Ltd.
  8. https://en.oxforddictionaries.com/definition/best( last visit 12/11/ 2020)
  9. https://en.oxforddictionaries.com/definition/care( last visit 11/11/ 2020)
  10. https://en.oxforddictionaries.com/definition/diligence( last visit 14/11/ 2020)
  11. https://en.oxforddictionaries.com/definition/due( last visit 15/11/ 2020)
  12. https://en.oxforddictionaries.com/definition/effort(last visit 20/11/ 2020)
  13. https://en.oxforddictionaries.com/definition/reasonable( last visit 14/11/ 2020)
  14. https://www.mondaq.com/unitedstates/contracts-and-commercial-law/730270/contractual-standards-distinctions-without-a-difference( last visit 11/11/ 2020)
  15. https://www.rocketlawyer.com/gb/en/quick-guides/due-diligence(last visit13/10/2020)
  16. https://www.stimmel-law.com/en/articles/due-diligence-what-it-and-how-you-do-it
    ( last visit 11/10/2020)
  17. Meiselles, Michala (2013). International Commercial Agreements: An Edinburgh Law Guide: An Edinburgh Law Guide. ,Edinburgh University Press.
  18. Oceana Editorial Board Staff (2014). CTIA: Consolidated Treaties and International Agreements 2012. vol. 2, Oxford University Press.
  19. Reasonableness and law” , e-book series/6210, Springer Science.
  20. Scott, Michael (2007). Scott on Information Technology Law. Issue 1, Aspen Publishers Online, Wolters Kluwer.
  21. Seerden, Rene J. G. H.; Seerden, René  and Stroink, F. A. M. (2002). Administrative Law of the European Union, Its Member States and the United States: A Comparative Analysis , Intersentia nv.
  22. Snyder, Wally (2016). Ethics in Advertising: Making the Case for Doing the Right Thing. , Taylor & Francis.
  23. Strantz, N.J. (1992). Beyond R. v. Sault Ste. Marie: The Creation and Expansion of Strict Liability and the Due Diligence Defence. L. Rev.
  24. Tamara Lenard, Patti (2014). Health Inequalities and Global Justice. Edinburgh University Press.
  25. Walker Jr, A. W. (1940). Express Clauses in Oil and Gas Leases Affect ing the Usual Implied Obligations of the Lessee. Miss .LJ.
  26. Winn, Jane K. (2013). Consumer Protection in the Age of the 'Information Economy. Ashgate Publishing, Ltd.
  27. camsantiago.com Last visited on 2008/06
Comparative Law Review
Volume 14, Issue 2
Autumn $ Winter 2023-2024
January 2024
Pages 584-606

Files

Share

How to cite

Statistics