End-of-chapter questions: Answer Guidance 5.2

This question raises a difficult issue. The courts are clearly more willing to enforce obligations to use ‘best endeavours’ rather than ‘good faith’, but this has been criticised. Good answers will engage thoughtfully with the leading cases, including Walford v Miles itself, and offer workable definitions of ‘best endeavours’ and ‘good faith’—which is, admittedly, not easy! For further discussion of good faith, see Chapter 20.