Objective Test in Law

In law, an objective test is a method used to evaluate a person's actions or behaviour based on external criteria of reasonableness rather than his subjective state of mind or intent. Unlike subjective tests that focus on an individual's perspective, objective tests assess whether a reasonable person, in similar circumstances, would have acted in the same way or made the same judgment. Objective tests are used in various legal contexts to determine legal liability, culpability, or compliance with legal standards.

In criminal law, an objective test is applied to determine whether the use of force by the defendant was reasonable in cases of self-defence. The question is whether a reasonable person, facing similar threats or circumstances, would have believed it necessary to use the same degree of force to protect himself.

In contract law, the objective test is often applied to determine whether there was a mutual meeting of the minds between the parties. It assesses whether a reasonable person would interpret the parties' actions and communications as an intent to be bound by the terms of the contract. It is a more reliable way to make sure if there is such an intention because the parties could easily escape their obligations by refusing to admit any intention under a subjective test.

In tort law, the court uses an objective standard of care in cases of negligence. It assesses whether the defendant's actions fell below the standard of care that a reasonable person would have exercised in similar circumstances. The individual defendant's characteristics or subjective knowledge are not typically considered. Instead, it is based on what a reasonable person would have done.

In intellectual property law: In trademark disputes, an objective test is used to determine whether there is a likelihood of confusion between two trademarks in cases of trademark dispute. This test considers factors like the similarity of the marks, the relatedness of the goods or services, and the likelihood that consumers would be confused, applying the perspective of ordinary consumers rather than the trademark owner's subjective beliefs.

Objective tests, which consider the perspective of a reasonable person, are designed to provide clarity and consistency in legal decision-making by relying on an external, reasonable standard rather than the subjective perspective of the defendant. This approach helps ensure that legal outcomes are fair and impartial and that legal standards are applied consistently across cases.
Back to blog
UOLLB SQE Turbocharge

UOLLB SQE Turbocharge

Get ready for the SQE1 with high-performance SQE Study Guides developed by UOLLB and published by UOL Press to revolutionise your study method and exam strategy.

Turbocharge SQE Performance Here

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding. Speed up your revision with us now.

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.