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Clarification of contract term - endeavour or expressley stated?


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Hi All,

What does the following term mean?

'We will endeavour to begin supply of Informationfrom the agreement date, no later than 7 days thereafter.'

In my opinion, and I'm told I'm wrong, the first part of the sentence is 'endeavour', and the second part of the sentence after the comma expressley states 'no later than 7 days'.

My question is, which is it, endeavour or expressley stated?

Please help clarify this.

Kindest regards.

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Hi All,

What does the following term mean?

'We will endeavour to begin supply of Informationfrom the agreement date, no later than 7 days thereafter.'

In my opinion, and I'm told I'm wrong, the first part of the sentence is 'endeavour', and the second part of the sentence after the comma expressley states 'no later than 7 days'.

My question is, which is it, endeavour or expressley stated?

Please help clarify this.

Kindest regards.

 

“We will endeavour to supply the information from the date of the agreement, no later than 7 days thereafter”

 

In this proposed contract, the other party are giving a promise and that promise is that they will make every effort (try hard) to supply you with the information no later than 7 days after the agreement date.

 

The other party’s said statement is not a guarantee that you can enforce against them, it is a promise that can be enforced, however, you would need to show that the other party broke the said promise that you relied upon to your detriment (detriment is not essential in order to enforce the promise relied upon).

 

The whole of the promise is expressed in the above-quoted statement, semantics are not required here, the linguistics of the said text simply mean that the other party will try and do something – supply the information no later than 7 days after the date of the agreement, but they are protecting themselves from being liable for not performing the promise. The other party have most likely been caught short in the past by an eventuality that was beyond their control, hence their use of the word endeavour.

 

If you enter into the contract and the information is not supplied to you by no later than 7 days, then you will have agreed to the said promise and if the delay in the supplying of the information is through no fault of the other party, you will not have any legal basis to stand upon seeking compensation for the delay, if such delay would cause you any loss.

 

Kind regards

 

The Mould

Edited by The Mould
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