Also known as:reasonable effort · reasonable endeavours
Written by attorneys · grounded in primary & secondary sources — see below
A standard of diligence requiring a party to take steps that are reasonable under the circumstances to achieve a specified objective. The steps must be proportionate to the risk or goal involved and need not be exhaustive or guarantee success.
Sources & Authorities· 23 primary sources
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How it applies
Common Examples
6
Lawyer Safeguards Client Files
Rhea Reynolds, a solo practitioner, stored client files on a cloud server with basic encryption. After learning of a recent breach at a similar firm, she upgraded to multi-factor authentication and trained staff on phishing risks. The steps satisfied her obligation to prevent unauthorized access to client information.
Agent Reports Key Development
Raymond Ramos, an agent handling real-estate acquisitions for Rocky Mountain Mining, learned that a target parcel faced new zoning restrictions. He promptly notified the principal even though the information arrived after hours. The disclosure fulfilled his duty to communicate relevant facts the principal would want.
Seller Attempts Resale After Breach
Rising Sun Electronics contracted to sell custom circuit boards to Reliance Insurance. After the buyer repudiated, the seller listed the identified boards on two industry exchanges and contacted three regular customers within a week. The unsuccessful resale efforts allowed recovery of the contract price.
Proponent Seeks Alternative Evidence
Rosa Ruiz offered a witness statement under the residual exception. The court required her to show the statement was more probative than other available proof. She documented unsuccessful attempts to locate live witnesses and obtain contemporaneous records before the statement was admitted.
Injured Party Mitigates Damage
Roberto Reyes suffered property damage from a neighbor's negligence. He obtained three contractor bids and hired the lowest-cost firm to repair the roof within two weeks. The prompt repair prevented further water damage and limited recoverable loss.
Counsel Moves Case Forward
Rina Rahman represented a client in a contract dispute. She filed a motion to compel within thirty days of receiving incomplete discovery responses and scheduled depositions before the close of fact discovery. The actions satisfied her duty to expedite the proceeding.
Common questions
Frequently Asked
6
How does reasonable efforts differ from best efforts in contract drafting?+
Reasonable efforts require steps that are proportionate to the circumstances. Best efforts impose a higher standard that may require exhausting all reasonable alternatives. Courts often treat the phrases as functionally similar when the contract supplies no further definition.
Supporting sources
Does a lawyer violate Rule 1.6(c) by failing to encrypt email?+
A violation occurs only when the lawyer knew or should have known that basic precautions were inadequate under the circumstances. The rule requires reasonable efforts to prevent unauthorized access, not perfect security.
When does an agent's failure to disclose information breach the duty under Restatement § 381?+
Breach occurs when the agent has notice that the principal would want the information and can communicate it without violating a superior duty. The duty applies only to facts relevant to the entrusted affairs.
Supporting sources
What must a seller show to recover the price under UCC § 2-709(1)(b)?+
The seller must prove that goods were identified to the contract and that reasonable efforts to resell at a reasonable price were unsuccessful or would have been unavailing. The seller must also hold the goods for the buyer.
Supporting sources
How does the reasonable-efforts requirement in Fed. R. Evid. 807 interact with the residual hearsay exception?+
The statement must be more probative than other evidence obtainable through reasonable efforts. The proponent must document attempts to find live testimony or more reliable substitutes before the residual exception applies.
Supporting sources
Does Restatement (Second) of Torts § 918 bar recovery when mitigation would require substantial expense?+
Recovery is barred only for harm that could have been avoided by reasonable effort or expenditure. The injured party need not take measures that are unduly burdensome or that exceed the expected benefit.
Supporting sources
to place the defendant’s indorsements and market her designs. We think, however, that such a promise is fairly to be implied. The law has outgrown its primitive stage of formalism when the…
to seek alternative employment. (See Mauk, supra, 21 Idaho L.Rev. 201, 208.) Moreover, the role of the employer differs from that of the "quasi-public" insurance company with whom…
; and (C) the general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence." Idaho Rule Evid. 803(24). Respondent and Giles…
ContractsRemedies · Expectation interest (including direct, incidental, and consequential damages)UBEIntermediate