Default Standards for Non-absolute Obligation Clauses: KS Energy v BR Energy Electricity Generation v Woodside Energy

• Main Authors: YIP, Man, GOH, Yihan
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2014
• Subjects: Commercial Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/1383; https://ink.library.smu.edu.sg/context/sol_research/article/3335/viewcontent/DEFAULT_STANDARDS_FOR_NON_ABSOLUTE_OBLIGATION_CLAUSE_LMCLQ_pv.pdf
• Institution: Singapore Management University

A “reasonable endeavours” undertaking, and its variants, are common features of commercial contracts. These clauses might be inserted into agreements to balance the interests of the parties where the achievement of the contractual object involves conditions beyond the obligor’s control, for example, the procurement of a third party’s performance. Equally common is the insertion of these clauses into contracts to resolve a negotiation stalemate where one party refuses to promise the absolute achievement of the contractual objective.