Good post - and indeed - for people that are experienced in contracts it is quite easy and relevant to be able to assume/anticipate the clauses that will be present in contracts - and best endeavours will be in this contract - IMOIt’s highly unlikely the contract will stipulate such to permit that, they could argue they are entitled to. It would also be a strange contract where the delivery schedule is entirely binding with no best endeavour clause.
Irrespective, contract disputes should be resolved in a court of law not by arbitrary action of one party to the contact particularly when that action is against a 3rd party simply on the grounds that they also have a contract with same. AZ could of course avoid court by offering to settle and rip the contract up delivering exactly 0 vaccines. Now that wouldn’t be unethical of course because it is contract law right?
That the UK may send the vaccine to Germany for placement into vials and that the EU threaten to withhold that would do huge damage to the EUs reputation as a safe place to do business.... what was it they said when the UK passed a rightful law allowing for it to change part of the WA?
Of course tensions are high because the EU is behind the curve here and probably getting asked questions about that. Best form of defence is attack and all that but rather than having the CEO of AZ spend energy fighting off the media and trade barbs with the EU surely the more prudent action would be to just let him get on with fixing the issues that are causing their delays. Every country has experienced delays between promised doses and available ones, they undoubtedly didn’t like it but they just got on with it - there is a lesson there for the EU.
And experienced people know what 'certainty' that gives
There is no escaping the desire of some on here to just 'protect' the EU and their behaviour - no matter what and no matter how sycophantic (and possibly anti-UK) that makes them look
Just a thought - if there is a breach of a contract claimed - then there are well established steps that are then followed - they generally include courts
Do the actions taken by the EU - the ones @Ban-jani raised - really reflect the standard steps that should be taken?
I would suggest those that are saying so need a good look in a mirror