Selected Cases by Article & Issues
Article 5.1.49 Cases
(1) To the extent that an obligation of a party involves a duty to achieve a specific result, that party is bound to achieve that result.
(2) To the extent that an obligation of a party involves a duty of best efforts in the performance of an activity, that party is bound to make such efforts as would be made by a reasonable person of the same kind in the same circumstances.
| Number | Issue | # Cases |
|---|---|---|
| 1 | Duty to achieve specific result | 2 |
| 1.1 | Failure to achieve result amounts to non-performance | |
| 2 | Duty of best efforts | 6 |
| 2.1 | Efforts of resonable person | 1 |
| 2.2 | Particular effort requested | |
| 2.2.1 | With regard to expertise of performing party | |
| 2.2.2 | With regard to nature of obligation | 2 |
| 2.2.2.1 | In long-term contracts | |
| 3 | Coexistance of both kinds of duties in same contract |