Contract Law- What is the objective approach?

Question

What is the rationale of the "objective approach"? and how does it fit in with general contract law principles?

Answer 1

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Contracts are formed when the elements of a contract are met (e.g. offer/acceptance/consideration). Instead of just asking the parties about whether there was a true meeting of the minds, subjectively, the "objective" approach requires analysis from the "reasonable man" standard -- i.e. would a reasonable person in like circumstances conclude that there was a bargain.

The whole purpose of contract law generally is to form rules for determining whether or not there is a contract and what that contract requires of each party. Insurance contracts are prime examples of situations in which the parties have clearly contracted but at times neither is absolutely positive what it is that was contracted for. Hence, a court is often called upon to determine what the reasonable expectations of an insured would have been under the language of the contract. That is the "objective" process.

Answer 2

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In the UK, the courts are reluctant to compensate for "hurt feelings" Addis v Gramaphone Co Ltd [1909] AC 488. In saying that modern case law makes it clear that there is no absolute rule that governs this decision. The leading case here is Farley v Skinner [2001] UKHL 49; [2001] 3 WLR 899. (Mental distress). The courts will take an objective view in that disappointment may well occur as a result of a breach of contract and is to be "accepted with fortitude..." Johnson v Gore Wood & Co [2001] 2 WLR 72 at 108. Conversely if some mental satisfaction is expected from the contract then a different view may be taken. Jarvis v Swann's Tours Ltd [1973] QB 233. This would also apply if the contract included some relief from physical pain or distress. Heywood v Wellers [1976] 1 QB 446 or caused it. Watts v Morrow [1991] 1 WLR 1421. I am not going to give specific issues here as it would take too long but these cases should help. Good luck.

Answer 3

Objective Approach

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Answer 4

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Contract Law- What is the objective approach?

What is the rationale of the "objective approach"? and how does it fit in with general contract law principles?

Source(s): contract law objective approach: https://tr.im/zpSCM

Answer 5

It just on the due course of any reasonable man would do. therefore will determine the objective approach in forming a contract. But the courts are prime to be called upon to overlook the all contractual circumstances and rule over basing on the mind of the contractual parties

Answer 6

Looking at the contract from the "reasonable person" point of view rather than from looking at the contract from either parties' subjective point of view.

Source(s): I went to law school 17 years ago