Legal Definition Of Best Efforts

Legal Definition Of Best Efforts. The implication is that the promisor can’t sit back passively and hope for the best. Best efforts is a contractual term used to obligate the parties to make their best attempt to accomplish a goal, typically used when there is uncertainty about the ability to meet the goal.

Personal pet peeve What do "best efforts" and variants from www.professorbainbridge.com

Similarly, another court “found no cases, and none have been cited, holding that. “reasonable best efforts” consider reasonable best efforts. Often these slight changes have significant legal consequences.

Source: www.professorbainbridge.com

“to use its best efforts to promote and maintain a high volume of sales”. A best efforts clause is a contractual provision which requires one of the parties to use its highest efforts to perform its obligations and to maximize the benefits to be received by the other party, although it does not generally require the party to achieve any specific goals.

Source: www.slideserve.com

Provided, however, that an obligation to use best efforts under this agreement does not require the person subject to that obligation to take actions that would result in a materially adverse change in the. The efforts that a prudent person desirous of achieving a result would use in similar circumstances to ensure that such result is achieved as expeditiously as possible;

Source: www.slideserve.com

Legal definition for best efforts: This has been held to mean that such steps are all the steps which a prudent, determined and reasonable person, acting in their own interests and desiring to achieve that result, would take.

Source: www.slideshare.net

The plaintiff, the person who files a lawsuit. This is a contract in which the adequacy of a party's performance is measured by his/her ability to fulfill the specified obligations.

Source: www.professorbainbridge.com

Provided, however, that an obligation to use best efforts under this agreement does not require the person subject to that obligation to take actions that would result in a materially adverse. Best efforts often a licensor desires to have a clause in the agreement obligating the licensee to use his best efforts to promote the patented invention.

Best Efforts And Endeavours—Case Analysis And Practical Guidance Under U.s.

Related legal terms & definitions. “reasonable best efforts” is a level down from the Courts have not required that a party under a duty to use best efforts to accomplish a given goal make every available effort to do so, regardless of the harm.

Because Recent Case Law Suggests That Best Effortsincorporates

“reasonable best efforts” consider reasonable best efforts. This best efforts clause is obviously no more than an expression of the aim of the parties in. “ [b]est efforts is implicitly qualified by a reasonableness test—it cannot mean everything possible under the sun” 2.

Provided, However, That An Obligation To Use Best Efforts Under This Agreement Does Not Require The Person Subject To That Obligation To Take Actions That Would Result In A Materially Adverse Change In The.

Best efforts law and legal definition. A high standard that if it isn't met is excusable. In such cases, the parties (or any parties involved in the deal) usually agree to apply all efforts to fulfil the corresponding obligations, or to assist with the occurrence of certain events.

Best Efforts Is A Contractual Term Used To Obligate The Parties To Make Their Best Attempt To Accomplish A Goal, Typically Used When There Is Uncertainty About The Ability To Meet The Goal.

It means putting forth one's best efforts, a higher standard of… sweat equity owning property or a business as a result of considerable effort and work contributed. Under different circumstances, an effort well short of one’s best may suffice to hit a target.”. This is a contract in which the adequacy of a party's performance is measured by his/her ability to fulfill the specified obligations.

“To Use Its Best Efforts To Promote And Maintain A High Volume Of Sales”.

This intention of the parties is often expressed as best efforts. Is distinguishing among them worth the effort? 1.stating that a certian result won't necessarily occur.