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24 May 2012

Endeavours clauses remain inherently uncertain

BLACKPOOL AIRPORT v JET2.COM (CA)

The Court of Appeal has confirmed the High Court's earlier ruling in this case on the meaning of 'all reasonable endeavours', rejecting the Airport's argument that such an obligation did not require it to act against its own commercial interests. The CA also looked at the enforceability of an 'endeavours' provision. However, the decision leaves a tremendous amount of uncertainty and is, in many respects, very unsatisfactory...


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