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The debtor’s duty varies depending upon the nature of the obligation incurred. Sometimes the debtor must bring about a specific result, and he carries the risk that it is achieved. If he fails there is a case of non-performance. In many legal systems the seller’s duty to deliver conforming goods at the right time is a duty to achieve a specific result, and if he fails he is strictly liable.4 In other cases a party is bound only by a duty of best effort. He must then make the efforts that a normal person would reasonably be expected to exert in similar circumstances. If he is a professional he will have to live up to the standards of the profession or trade, but he will not have to bring about a specific result. If he has made
4In case of force majeure the contract disappears, which will exonerate the debtor; see on French law 3.5 below (page 515).
5Terré, Simler, Lequette Droit civil, Les obligations, ( hereinafter Terré) 6.ed 1996 no 6.
6See German BGB § 276. This is probably also the general rule in Nordic law ; see Gomard, Obligationsret Vol. 2 1995 141 ff., Ramberg & Herre, Köplagen 1995 105 ff.
4In case of force majeure the contract disappears, which will exonerate the debtor; see on French law 3.5 below (page 515).
5Terré, Simler, Lequette Droit civil, Les obligations, ( hereinafter Terré) 6.ed 1996 no 6.
6See German BGB § 276. This is probably also the general rule in Nordic law ; see Gomard, Obligationsret Vol. 2 1995 141 ff., Ramberg & Herre, Köplagen 1995 105 ff.