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1 results

  • Best Efforts in the Taxonomy of Obligation – The Case of the EU Vaccine Contracts

  • Erich Schanze
  • Journal:
    German Law Journal / Volume 22 / Issue 6 / September 2021
    Published online by Cambridge University Press:
    15 September 2021, pp. 1133-1145
    • Article
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  • The purchase of Covid-19 vaccines by the EU Commission as agent for the Member States has caused substantial political discussion, including a lawsuit against the producer AstraZeneca in Brussels in 2021. The article looks at these purchase contracts as examples for a problematic use of “best efforts“ clauses in commercial contracting, considering some key jurisdictions. The clauses are discussed from a drafting perspective, including their function and their theoretical background in comparative law. It concludes with a primer for the drafting process, looking at some basic contracting schemes for softening or intensifying obligations.