Published in Issue 1, September 2017

This paper will focus on the relationship with the objective test of contractual relations and the recognition by courts in favour of subjective understanding of the transaction. The direction this paper will take will be to look at the different circumstances that contractual relations benefit from taking an objective view, and the intermittent exceptions when courts will interpret these contracts subjectively when it would be unreasonable for objectivity. In these instances, the courts will use the objective test as a first approach before deciding that a parties’ subjective belief will rule the objective approach inequitable.