What Does It Mean To Say That The Test Of Agreement Is Objective Rather Than Subjective

In order to determine whether the contracting parties intend to enter into a legal relationship, the court uses the review of the waiver of the contract. Such a criterion is objective in nature and not subjective. It uses an objective approach to verify the applicability of the contract. The subjective approach to contract law refers to a legal theory that defines a contract as an agreement in which there is a subjective meeting of heads between the parties involved. In this approach, the court will consider the subjective expectations and expectations of the parties and ignore the objective wording of the contract. However, some courts and commentators have rejected this theory, preferring the objective approach instead. From a legal point of view, intent can be defined as a person`s state of mind when performing an action or behaving in a certain way.