Why do courts generally use an objective standard in analyzing contractual situations instead of a subjective standard?


When a court is examining a contract, the totality of the circumstances is explored. The objective view, such as what was said, what was written, and how someone acted, typically can be determined; why someone did as he or she did - the subjective standard - may never be detected or known. Courts seek as much certainty as they can get to make their decision.

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