Endeavouring To Define Endeavours
Rhodia International Holdings Ltd and another v Huntsman International LLC
[2007] EWHC 292 (Comm)
QBD
21 February 2007
Weekly Law Notes Summary
A contractual obligation to use “reasonable endeavours” was less stringent than one to use “best endeavours”. Mr Julian Flaux QC, sitting as a deputy High Court judge in the Commercial Court, so observed when finding that the defendant, Huntsman International LLC, had failed to discharge its obligation, under a contract to purchase a chemical surfactants business from the claimants, Rhodia International Holdings Ltd and Rhodia UK Ltd, to use its “reasonable endeavours” to obtain the consent of a third party, National Power (Cogeneration) Ltd, to the novation of an contract for the supply of energy to the business site.