A contractual clause permitting a seller to take into account 'all relevant commercial, economic and operational matters' in determining its ability to supply goods conditions the obligation to use reasonable endeavours, such that the seller may consider the profitability of selling to third parties at higher prices. A permitted interruptions clause that absolves a seller from liability for interrupting supply does not necessarily negative a separate obligation to deliver shortfall recovery gas. A limitation clause that refers to 'a failure to use reasonable endeavours' applies to both deliberate and non-deliberate failures, and courts should not give a strained interpretation to confine such clauses to non-wilful breaches. A supplier's refusal to supply goods beyond its contractual obligations except at a higher price does not constitute economic duress, even where the supplier knows the buyer has no alternative source of supply.
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