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’?

read titleRead full title
Published on: 12 March 2018
imgtext

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

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
Contract definition
What does Contract mean?

A contract is a legally binding promise (oral or in writing) by one person to fulfil an obligation to another person in return for consideration. A binding contract comprises four elements: offer, acceptance, consideration and intention to create legal relations.

Popular documents