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Is This Really the Best We Can Do? American Courts’ Irrational Efforts Clause Jurisprudence and How We Can Start to Fix It
The Georgetown Law Journal  (IF2.481),  Pub Date : 2021-02-01, DOI:
Charles Thau

This Note presents an original argument regarding a significant and recurring issue within commercial contract law: efforts clauses. Many practitioners perceive efforts clauses as operating on a sliding scale, with “best efforts” imposing more burdensome obligations than “reasonable efforts,” for example. The majority of American courts, however, reject this hierarchical notion. Reasoning on both a linguistic and prudential basis, this Note argues that efforts clauses should be interpreted hierarchically.