Show Summary Details
JC Smith's The Law of Contract

JC Smith's The Law of Contract (3rd edn)

Paul S. Davies
Page of

Printed from Oxford Law Trove. Under the terms of the licence agreement, an individual user may print out a single article for personal use (for details see Privacy Policy and Legal Notice).

date: 26 May 2024

p. 122. Objectivity in contract lawlocked

p. 122. Objectivity in contract lawlocked

  • Paul S. Davies


This chapter provides an overview of the concept of objectivity. In contract law, the intentions of parties are generally judged by their words and conduct and their ‘objective’ meaning. This is known as the ‘objective test’. The contents of a contract are determined objectively. The best evidence that a term has been incorporated into a contract and that a contract is binding is through the parties’ signatures, although entirely oral contracts are equally possible. Contractual communications, whether oral or written, are generally to be understood in the way that a reasonable person in the position of the recipient would have understood them.

You do not currently have access to this chapter

Sign in

Please sign in to access the full content.


Access to the full content requires a subscription