Also known as: objective test · subjective test · objective tests · subjective tests · objective standard · subjective standard · objective/subjective test
Written by attorneys · grounded in primary & secondary sources — see below
A standard of evaluation that measures conduct or knowledge against what a reasonable person would do or know. It contrasts with a subjective standard that examines the actual mental state or belief of the particular individual involved.
Judge Oliver Okeke presided over a contract dispute between two universities. He had once served as a trustee for one university but did not recall the role when the case was assigned. After judgment, the losing party discovered the prior trusteeship through public records. The court applied an objective test and vacated the judgment because a reasonable judge would have known of the conflict and recused.
Omar Olson contracted with Omega Energy to install a heating system in his factory for $20,000 payable on satisfactory completion. Omega completed the work and experts confirmed it met all technical standards. Olson refused payment claiming personal dissatisfaction. The court applied an objective test because the quality of the installation was measurable by reasonable standards and awarded Omega the full price.
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A court prefers an objective test of reasonable satisfaction when the subject matter permits measurable standards. This reduces the obligee's risk of forfeiture. When an objective test is impracticable, such as with artistic portraits or musical performances, the court applies a subjective test of honest satisfaction.
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The statute imposes an objective standard. A judge must recuse if a reasonable person would question impartiality based on known facts. Actual lack of knowledge does not excuse the failure if the judge should have known of the conflict.
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Offensiveness is judged by an objective standard. The contact must offend a reasonable sense of personal dignity. The plaintiff's unusual sensitivity or the defendant's playful intent does not control the analysis.
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Article 9 uses an objective test based on the debtor's actual primary use of the goods. The debtor's subjective view of the property does not determine classification.
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