Legal Speak Made Easy

“Objective” v “Subjective”

You’ll come across these terms most often in civil claims, employment disputes, criminal cases, contracts (including property sale agreements) and constitutional matters. But what do they mean? When our law requires an objective approach, courts assess facts, logical arguments, and impersonal standards, uninfluenced by personal beliefs. But when courts apply a subjective test, they consider an individual’s actual thoughts, beliefs, interpretations or intentions.

For example, if you are suing someone for damages and trying to prove negligence, the court will ask what a reasonable person would have done, or not done, to avoid harming you (an objective, impersonal standard), rather than whether the other person actually intended to cause you harm (a subjective, personal standard).