Subjective Standard

/səbˈdʒɛktɪv ˈstændərd/

Definitions

  1. (n.) A legal criterion assessing a party's intent, belief, or understanding based on their personal perspective rather than an objective viewpoint.
    The court applied the subjective standard to evaluate the defendant's state of mind at the time of the contract.
  2. (n.) In tort law, a standard focusing on what the particular defendant actually perceived or knew, as opposed to what a reasonable person would have known.
    Under the subjective standard, the plaintiff had to prove the defendant's actual knowledge of the risk.

Forms

  • subjective standards

Commentary

Use subjective standard when emphasizing the individual's actual perspective or intent; contrast with objective standard which considers a hypothetical reasonable person.

This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.

Draft confidently with Amicus

Create, negotiate, and sign agreements in one secure workspace—invite collaborators, track revisions, and keep audit-ready records automatically.

Open the Amicus app