“REASONABLE ENDEAVOURS” OBLIGATIONS IN CONTRACTS
The obligation to use “reasonable endeavours” to achieve a contractual objective is often used in contracts where the objective is not within the absolute control of the party or the steps and costs required to achieve the objective are not clear at the time of entering the contract. While this obligation may be viewed as a so-called “soft obligation”, it is important that businesses understand the steps required to be taken to comply with this type of obligation as not achieving the contractual objective may in certain circumstances result in breaching the contract and exposure to a claim for damages. Continue Reading
GIVING LEGAL NOTICES BY EMAIL
With the ease and speed of communication by email, it is becoming increasingly common for businesses to give legal notices under agreements they have entered with others by email. For example, giving notice to exercise an option under a lease or notice to extend the deadline of a contract date. We consider this is a risky practice which may result in the email you have given being invalid for the purposes of the agreement.
There is still a shortage of legislation and case law rules established which govern the giving of notices by email. This lack of governance and established legal principles means there is uncertainty in relation to whether a notice given by email is valid or when that email will be considered delivered to the recipient by law. Continue Reading