Effort Obligation

A best-efforts obligation is a contractual obligation to make a certain effort. Opposite to the best efforts obligation is the result obligation, whereby the focus is not on the effort, but on the result.

The distinction between these obligations will have to be apparent from the explanation of the agreement. The nature of the agreement, the terms of the agreement, the intentions of the parties and other circumstances of the case are important here.

It is important to distinguish between an effort obligation and a result obligation, because this difference is legally relevant for, for example, the demonstration of default. In the event of an effort obligation, it must be demonstrated that the other party has not made sufficient efforts. If there is a result obligation, the default must only be that the (final) result has not been achieved. The latter is much easier to demonstrate.