Also known as: objective reasonable standard · objective reasonableness
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A standard for measuring the permissible scope of a consent search that asks what a reasonable person would understand the consent to include. Officers may search closed containers within a vehicle when consent to search for drugs is given without limitation because a reasonable person would interpret the consent to reach areas where drugs could be hidden.
A standard for measuring the permissible scope of a consent search that asks what a reasonable person would understand the consent to include. Officers may search closed containers within a vehicle when consent to search for drugs is given without limitation because a reasonable person would interpret the consent to reach areas where drugs could be hidden.
Select any source to read its text and confirm it supports the definition.
A standard for judging whether a party is satisfied with performance under a contract that measures the decision against what a reasonable person would conclude rather than the party's personal feelings. Courts apply this standard to commercial or technical performance unless the contract expressly adopts a subjective good-faith test.
Select any source to read its text and confirm it supports the definition.
A standard for judging whether a party is satisfied with performance under a contract that measures the decision against what a reasonable person would conclude rather than the party's personal feelings. Courts apply this standard to commercial or technical performance unless the contract expressly adopts a subjective good-faith test.
Each sense below has its own examples, sources, and questions.
Oswald Orozco gives officers consent to search his car for drugs without any stated limits. Officers open a closed duffel bag in the trunk and find contraband. The search is upheld because a reasonable person would understand the unlimited consent to reach any area where drugs could be concealed.
Officers may search any area or container that a reasonable person would understand the consent to cover. Unlimited consent to search a car for drugs therefore extends to closed containers where drugs could be hidden.
Supporting sources
Orbit Communications agrees to pay Optus Software only if the delivered program is profitable. Optus delivers functional software that meets industry benchmarks yet Orbit claims dissatisfaction. A court applies the objective reasonableness standard and finds the program satisfies the clause because a reasonable commercial party would accept it.
Courts prefer the objective standard for commercial or technical contracts unless the parties expressly adopt a subjective test. The inference favoring good faith is usually limited to matters of personal taste.
Supporting sources
Use of measurable commercial terms such as profitable signals that performance can be judged by objective commercial standards rather than personal taste.
Supporting sources