News 4
Q&As
What is the legal effect of a contractual obligation to ‘procure’ that something happens? How is this affected by adding the qualification ‘reasonable endeavours’?
The obligation to ‘procure’ that something happens, creates an absolute obligation on a party to make sure that it does.
The legal effect of the contractual obligation to ‘procure’ that something happens was considered in the case of Nearfield Ltd v Lincoln Nominees Ltd.
In Nearfield, a Joint venture agreement which contained an obligation for the claimant to advance a loan to the first defendant also provided that the duration of the loan would be three years from the date thereof, and thereafter the second defendant would ‘procure’ the payment of the loan, together with all outstanding interest, on written demand by the claimant.
The claimant submitted that the use of the word ‘procure’ puts an obligation on the second defendant to see to it that the first defendant repaid the
To view the latest version of this document and thousands of others like it,
sign-in with LexisNexis or register for a free trial.
Related documents:
- Court of Appeal—‘subject to contract’ negotiations and Part 36 offers (Joanne Properties Ltd v Money...
- High Court allows summary judgment in £4m scratchcard case (Goodram v Camelot UK Lotteries Ltd)
- No green light for recovery of traffic management costs under service contract (Dynniq v Lancashire)
- When is a contract made? High Court goes back to basics in complex aircraft maintenance case (LNT Av...
Practice notes 1
Q&As 7
- Can a party to a deed take the benefit of it without executing it?
- Can you limit the number of bids a tenderer can submit for a procurement exercise under the Public C...
- Do you have a definition of a group where that group includes LLPs?
- Do you have a non-disclosure agreement (NDA) for use with a consultant?
- Does an economic operator’s conviction for breaches of health and safety regulations constitute a re...
- In a B2B supply of services agreement (which is unregulated), if a customer inadvertently overpays a...
- Is an English university subject to the Public Contracts Regulations 2015?