Selected Cases by Article & Issues
Article 5.1.51 Cases
In determining the extent to which an obligation of a party involves a duty of best efforts in the performance of an activity or a duty to achieve a specific result, regard shall be had, among other factors, to
(a) the way in which the obligation is expressed in the contract;
(b) the contractual price and other terms of the contract;
(c) the degree of risk normally involved in achieving the expected result;
(d) the ability of the other party to influence the performance of the obligation.
| Number | Issue | # Cases |
|---|---|---|
| 1 | Criteria for determining nature of obligation | 1 |
| 1.1 | Expressions used by parties in defining obligations | 1 |
| 1.2 | Other terms of contract | 1 |
| 1.2.1 | Price | |
| 1.2.2 | Payment depending on performance of obligation v. payment depending on obtaining result | |
| 1.2.3 | Penalty clauses | |
| 1.2.4 | Hardship clauses | |
| 1.2.5 | Other terms | |
| 1.3 | Degree of risk normally involved in performing obligation | |
| 1.3.1 | Performance requiring high diligence | |
| 1.3.2 | Performance not subject to special risk | |
| 1.4 | Influence of one party in performance of other party's obligations |