Best Endeavours: What It Means in a Contract

A best endeavours clause requires a party to take all reasonable steps to achieve an agreed outcome. It can be demanding, but it does not guarantee the result.

Lowdown

Best endeavours is a promise to make substantial efforts to achieve a result rather than a guarantee of success. What it requires depends on the wording and context. Some contracts define it expressly, including by requiring the party to pursue the reasonable options available.^[1]

Why It Matters

Contracts also use phrases such as reasonable endeavours and all reasonable endeavours. Do not assume these expressions form a precise three-step scale with the same meaning in every agreement.

A best endeavours obligation can require sustained effort and pursuing different reasonable options. It is often used where the outcome depends partly on a client, supplier, regulator or other third party.^[1][2]

Before agreeing to it, check the outcome you are promising to pursue and whether the contract defines the required effort. Also consider what it could realistically cost in time, money and resources.

Our Conclusion

Best endeavours is a demanding contractual commitment, but its exact effect depends on the agreement. Check what you may be expected to do before you sign.

Sources

[1] Kirklees Council, Contract Conditions for Provision of Services

[2] GOV.UK / Crown Commercial Service, General Terms v1.0 and GOV.UK, Model Services Contract – List of Changes v2.1