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.
|Duty to achieve specific result
|Failure to achieve result amounts to non-performance
|Duty of best efforts
|Efforts of resonable person
|Particular effort requested
|With regard to expertise of performing party
|With regard to nature of obligation
|In long-term contracts
|Coexistance of both kinds of duties in same contract