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United Kingdom reasonable endeavoursconditions precedentgood faith

Astor Management AG v Atalaya Mining PLC

[2017] EWHC 425 (Comm)
JurisdictionUnited Kingdom
CourtHigh Court (Queen's Bench Division, Commercial Court)
Year2017
StatusPersuasive authority

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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