Problems of uncertainty with endeavours clauses
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Peer-reviewed
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Article
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Authors
Hooley, RJA
Abstract
This article analyses that part of the judgment of Leggatt J in Astor Management AG v Atalaya Mining plc which deals with the enforcement of an ‘all reasonable endeavours’ obligation to reach agreement with a third party. It finds the decision to be robust and commercially pragmatic because of the judge’s willingness to give meaning to a contractual clause agreed upon by the parties and his reluctance to second-guess a commercial party on matters of commercial judgment.
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Journal Title
Butterworths Journal of International Banking and Financial Law
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Volume Title
32
Publisher
LexisNexis