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Legal Definitions - best efforts

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A good lawyer knows the law; a great lawyer knows the judge.

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Definition of best efforts

Definition: Best efforts refer to the diligent attempts made by an individual or organization to fulfill their obligations. It is a standard that requires a person to take all reasonable measures to achieve a particular goal or objective.

For instance, if a contractor agrees to complete a project within a specific time frame, they must use their best efforts to meet the deadline. This means that they must take all necessary steps to ensure that the project is completed on time, such as working overtime or hiring additional staff.

The best efforts standard is stronger than a good-faith obligation, which only requires a person to act honestly and fairly. Best efforts are measured by what a reasonable person in the same circumstances would do.

Example: A company agrees to sell a product to a customer and promises to deliver it within two weeks. The company must use its best efforts to ensure that the product is delivered on time. This may involve coordinating with suppliers, arranging for transportation, and ensuring that the product is properly packaged and labeled.

Explanation: In this example, the company has an obligation to deliver the product within a specific time frame. To fulfill this obligation, the company must use its best efforts to ensure that the product is delivered on time. This may involve taking various steps to overcome any obstacles that may arise during the delivery process.

Every accomplishment starts with the decision to try.

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Simple Definition

Best efforts means trying your very best to do something that you promised to do. It's more important than just trying to be honest or fair. To measure best efforts, we look at what a reasonable person in the same situation would do. It's also called best endeavors. This is different from just trying to do something in good faith or being careful.

The difference between ordinary and extraordinary is practice.

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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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