CKB & Associates, Inc. v. Moore McCormack Petroleum, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that a “best efforts” clause is not enforceable unless it has a guideline by which to measure performance
• stating that when a party fails to meet goal or guideline, court measures quality of its efforts by circumstances and comparison of performance of the prudent comparable operator
• noting that a “best efforts” clause is not enforceable unless it has a guideline by which to measure performance
• determining breach of “best efforts” provision by comparing efforts to that of an “average, prudent, comparable operator”
• “When a party misses the guidelines, courts measure the quality of its efforts by the circumstances of the case, and by comparing the party’s performance with that of an average, prudent, comparable operator.” (internal citations omitted)

Source: CourtListener parenthetical corpus (CC0).