IBM United Kingdom Ltd v Rockware Glass Ltd
| Jurisdiction | England & Wales |
| Date | 1980 |
| Court | Court of Appeal (Civil Division) |
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50 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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Karim Frederick Dhanani v Serge Crasnianski
...obligation of each party to do his part to set up the fund was not so uncertain that it could not be enforced. He referred to IBM UK Ltd. v Rockware Glass Ltd. [1980] FSR 335 in which Goff LJ said that an obligation to use best endeavours is sufficiently certain to be enforceable so long as......
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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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'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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A Guide To Endeavours Clauses
...uncertainty about the exact parameters of these obligations. Best endeavours In IBM United Kingdom Limited v Rockware Glass Limited CA [1980] FSR 335, the Court of Appeal stated that best endeavours would require a party to "take all those steps in their power which are capable of producing......
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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......