IBM United Kingdom Ltd v Rockware Glass Ltd
| Jurisdiction | England & Wales |
| Date | 1980 |
| Year | 1980 |
| Court | Court of Appeal (Civil Division) |
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49 cases
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Group Exklusiv Pte Ltd v Diethelm Singapore Pte Ltd
...namely, Ong Kim Heng Daniel v Leonie Court Pte Ltd [2001] 1 SLR 445 which in turn, relied on IBM United Kingdom Ltd v Rockware Glass Ltd [1980] FSR 335, and Tan Soo Leng David v Wee Satku & Kumar Pte Ltd & Anor [1998] 2 SLR 83 stressed that the proper construction of contractual clauses in ......
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(1) Neil James Butcher and Another v (1) Hill (First Defendant) (2) Orbit Homes (2020) Ltd (Second Defendant/Applicant)
...that conclusion, I think, is supported by the case of reasonable endeavours that Mr Thorne helpfully drew my attention to, namely IBN UK v Rockware Glass Ltd. That was about using your best endeavours to obtain planning permission. Buckley LJ explained the difference between obtaining plann......
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Ong Khim Heng Daniel v Leonie Court Pte Ltd
...Counsel for the plaintiffs drew to my attention the English Court of Appeal`s decision in IBM United Kingdom Ltd v Rockware Glass Ltd [1980] FSR 335. This was a dispute arising from a contract for sale of land. The sale was conditional to the purchaser obtaining planning permission, with th......
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CIS General Insurance Ltd v IBM United Kingdom Ltd
...that there was no difference between the two phrases. He relied upon a passage from the judgment of Buckley LJ in IBM v Rockware Glass [1980] FSR 335 at 339: “in the absence of any context indicating the contrary, this [an obligation to use its best endeavours] should be understood to mean ......
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6 firm's commentaries
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Addisons Contractual Interpretation Series - 'Best Endeavours'
...Sheffield District Railway Co v Great Central Railway Co (1911) 27 TLR 451 per Lawrence J. 8 IBM United Kingdom Ltd v Rockware Glass Ltd [1980] FSR 335. 9 Terrell v Mabie Todd & Co [1952] 2 TLR 574. 10 Rhodia International Holdings Limited & Anor v Huntsman International LLC [2007] ......
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Client Alert: FIDIC Terms in the Context of COVID-19
...(1999); 18.3 (2017). 12 This is expressly provided for in FIDIC (2017) at Sub-Clause 18.2. 13 IBM United Kingdom Ltd v Rockware Glass Ltd [1980] FSR 335. 14 [2010] EWHC 1535 (Ch). 9 suggested that contractual specifications or standards be thrown out the window in the name of mitigation. Or......
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Not "Worthless Window Dressing": Hong Kong Court Declares Keepwell Deeds Are Enforceable Contractual Obligations
...King Hang v Yuen Lei Gwun (HCA 490/2011, 16 April 2014), applying the leading English authority IBM United Kingdom v Rockware Glass Ltd [1980] FSR 335, to interpret what "best efforts" entailed, i.e. the undertaking party is required "to take all reasonable steps which a prudent and determi......
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'Best endeavours' and 'reasonable endeavours' - is there a difference?
...IBM United Kingdom Limited v Rockware Glass Limited In the more recent decision of IBM United Kingdom Limited v Rockware Glass Limited [1980] FSR 335, Buckley LJ expressed that something more than reasonable is required in the fulfilment of a "best endeavours" obligation. LJ Lane said, in r......
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4 books & journal articles
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Contract Law
...with and desired its full performance and that the purchaser will, in Geoffrey LJ”s words in [IBM United Kingdom Ltd v Rockware Glass Ltd[1980] FSR 335 at 345], ‘take all those reasonable steps which a prudent and determined man, acting in his own interests and anxious to obtain planning pe......
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Land Law
...result within the time allowed. In this regard, he found the following authorities, namely, IBM United Kingdom Ltd v Rockware Glass Ltd[1980] FSR 335 at 345 and Sheffield District Railway Co v Great Central Railway Co(1911) 27 TLR 451 at 452, helpful in explaining what an undertaking to mak......
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Case Note
...LJ. 32 See Sheffield District Railway Co v Great Central Railway Co(1911) 27 TLR 451 and IBM United Kingdom Ltd v Rockware Glass Ltd[1980] FSR 335. 33KS Energy Services Ltd v BR Energy (M) Sdn Bhd[2014] 2 SLR 905 at [93]; see also para 15 above. 34 This was only mentioned in passing by the ......
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Land Law
...with and desired its full performance and that the purchaser will, in Geoffrey LJ”s words in [IBM United Kingdom Ltd v Rockware Glass Ltd[1980] FSR 335] at 345, ‘take all those reasonable steps which a prudent and determined man, acting in his own interests and anxious to obtain planning pe......