Work

Best Efforts in the Taxonomy of Obligation – The Case of the EU Vaccine Contracts

Year: 2021

Type: article

Abstract: The purchase of Covid-19 vaccines by the EU Commission as agent for the Member States has caused substantial political discussion, including a lawsuit against the producer AstraZeneca in Brussels in 2021. The article looks at these purchase contracts as examples for a problematic use of “best efforts“ clauses in commercial contracting, considering some key jurisdictions. The clauses are discussed from a drafting perspective, including their function and their theoretical background in comparative law. It concludes with a primer for the drafting process, looking at some basic contracting schemes for softening or intensifying obligations.

Source: German Law Journal

DOI: 10.1017/glj.2021.50

Author: Erich Schanze

Institution: Philipps University of Marburg

Language: English

Topic: European and International Contract Law

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: gold

Estimated APC paid: $1,376