On the other hand, in Dany Lions Ltd/Bristol Cars Ltd, the High Court found that an effort clause was too uncertain to be applied ( EWHC 817 (QB)). Dany Lions Ltd bought a classic car from Bristol Cars Ltd on the condition that it be restored. Following the lack of progress in the restoration work, the parties entered into a settlement agreement with a condition under which Dany Lions should make reasonable efforts to reach an agreement with a specific specialty conservator, Jim Stokes Workshops Limited, before a specific date. The condition was not met and Dany Lions sought compensation against Bristol Cars as part of the original agreement. In its defence submission, Bristol Cars argued that Dany Lions violated the obligation to make reasonable efforts on the condition of the precedent. The agreement between Bristol Rovers and Sainsbury`s to purchase was conditional on Sainsbury`s obtaining an acceptable building permit by a specified date. The contract requires Sainsbury`s to make every reasonable effort to issue an acceptable building permit as soon as possible. The contract also contained detailed provisions specifying when Sainsbury`s was to appeal a planning decision. Sainsbury`s was not obliged to appeal unless a lawyer warned it that such a complaint had more than a 60% chance of success. The applicant, an oil operator, entered into an option contract with the defendant, a shipbuilder. The agreement gave the applicant three options, each for an order for four tankers.
It provided that, in the event of an option exercised, delivery dates between the parties would be “agreed upon by mutual agreement,” but the defendant “will do its best to have a delivery” in 2016 for Option 1 and 2017 for The Two and Three Tankers. It also provided for the parties to enter into shipbuilding contracts within 10 days of the exercise of an option. The parties and their subsidiaries have also entered into other agreements, including four shipbuilding contracts that each order a tanker. The Commercial Court has reviewed the principles of the agreements to be concluded by the main appelal courts of Mamidoil-Jetoil Greek Petroleum and B J Aviation. One of the fundamental principles that flow from these decisions is that if, in the event of an actual construction of a contract, the parties have reconciled a critical issue in the future (such as the price in a contract for the sale of goods or the provision of services), it is likely that the contract will not be applicable due to uncertainties. Decisions are also taken in favour of the proposition that, if it is satisfied that the parties intend to implement their agreement, the Tribunal should endeavour to implement that intention through the construction or application of a clause.