Best Efforts in the Taxonomy of Obligation – The Case of the EU Vaccine Contracts
Bibliographic Data
| ID | 21971202 |
|---|---|
| Authors | Erich Schanze (Philipps University of Marburg, corresponding author) |
| Year | 2021 |
| Volume | 22 |
| Issue | 6 |
| Pages | 1133-1145 |
| Publication date | 2021-09-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | German Law Journal (JOURNAL) |
| Journal identifiers | ISSN: 2071-8322 • E-ISSN: 2071-8322 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/glj.2021.50 |
| OpenAlex | W3199533169 |
| Language | EN |
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
Business · Commission · Economics · Law and economics · Lawsuit · Obligation · Political science · Diverse Legal and Medical Studies · European and International Contract Law · European and International Law Studies · Law
| Highly cited | No |
|---|