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MCLE

Jan. 1, 2008

Divining the Meaning of "Best Efforts"

Interpreting the meaning of a "best efforts" clause in a contract can be as confusing as trying to make sense of that whole Brad-Jen-Angelina thing. But here's how some courts have tried. By Jonathan Pink


     
A "best efforts" clause must be one of the most misunderstood provisions to consistently worm its way into an agreement. To put such a claim to the empirical test, take a moment to define for yourself what is required by a party who promises to use best efforts to fulfill a contract obligation.
      OK, have you ...

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