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reasonable endeavoursconditions precedentgood faith
Astor Management AG v Atalaya Mining PLC
[2017] EWHC 425 (Comm)
Key Principle
An obligation to use reasonable (or 'all reasonable' or 'best') endeavours, even an obligation to use endeavours to reach agreement with a third party, is generally not too uncertain to enforce because it will almost always be possible to give it sensible content; and a party cannot rely on the non-fulfilment of a condition (here, obtaining a debt facility on which deferred consideration depended) that its own breach of a related endeavours obligation has brought about.
Area of Law
General
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