Morris confirmed the principle that general standards that prescribe how parties try to agree on conditions such as. B “best efforts” or “best efforts” do not make an agreement enforceable.12 This is an important explanation of the court`s current direction in this regard and is a timely reminder that each case will use its particular circumstances. 13 Statements contained in a contract cannot be confirmed if the Tribunal finds that the statements are subjective or advertising. English courts may balance the emphasis or relative knowledge to determine whether a declaration is applicable under the contract. In the English Case of Bannerman/White, the Tribunal upheld a refusal of the sulphur-treated hops, as the purchaser expressly expressed the importance of this requirement. Relative knowledge of the parties may also be a factor, as in the English case Bissett/Wilkinson, where the court found no misrepresentation when a seller stated that the sale of arable land would carry 2000 sheep if dealt with by a team; the buyer was considered competent enough to accept or reject the seller`s opinion. However, it is important to take into account, in the context of the contract, and not as in the past. For example, in the first English case of Eastwood v. Kenyon , the guardian of a young girl, took out a loan to educate her. After her marriage, her husband promised to pay off the debts, but the loan was considered a historical value. The inadequacy of previous considerations is related to the existing customs rule. In the first English case of Stilk v. Myrick , a captain promised to divide the salaries of two deserters among the rest of the crew if they agreed to set sail; However, this promise was found to be unenforceable, as the crew was already in charge of the ship`s navigation.
The existing customs rule also applies to general legal obligations; For example, the promise not to commit an unlawful act or crime is not enough.  There is no concept of “one size fits all” on which the courts will rule on the basis of their interpretation of the agreement as a whole.