Result Obligation

A result obligation is a contractual obligation to achieve a certain agreed result. Opposite to the obligation to achieve results is the obligation to make an effort, whereby the focus is not on the result, but on the effort.

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 a result obligation and a best-effort obligation, because this difference is legally relevant for, for example, the demonstration of default. If there is a result obligation, the default must only be that the (final) result has not been achieved. In the event of a best efforts obligation, it must be demonstrated that the other party has not made sufficient efforts. This is much more difficult to prove.