Selected Cases by Article & Issues
(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.
|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|
|18.104.22.168||In long-term contracts|
|3||Coexistance of both kinds of duties in same contract|