An objective test definition
An objective test. What would a reasonable person believe at the time of the contract? Generally presumed no intention of making legal contract between close family members or close social relationships. (Balfour) It is generally assumed that parties in business relationships intend to be bound. (Rose and ▇▇▇▇▇) If parties expressly state in an agreement that they do not wish to be bound, the courts must respect their actual intentions. (Rose and ▇▇▇▇▇) Offer A mere statement of price does not constitute an offer to sell; it is no more than an invitation to treat. (Canadian Dyers) Goods on a display are invitation not an offer; the customer makes an offer when they take the goods to the register. (Pharmaceutical Society v Boots Cash) The cashier is under the shopkeeper's authority to make acceptance, hence a contract has not been made until the cashier accepts the purchase. (Phamaceutical Society v Boots Cash) For unilateral contracts the notification of acceptance need not precede the performance, and unless the language clearly indicates, it does not require notice of the acceptance apart from the notice of performance. (Carlill v Carbolic Smoke Ball) An advertisement may constitutes an offer that can be accepted on the terms it proffered. Courts will look at intention. (Goldthorpe v ▇▇▇▇▇) The offeror bears the risk of extravagant promises. (Goldthorpe v ▇▇▇▇▇) No offer is valid without consideration. (Goldthorpe v ▇▇▇▇▇) A party must intend to make an offer for it to be an offer capable of acceptance, and it must be deliberated communicated to the party to whom it is directed in order to prove that the offeror intended to be legally bound. (▇▇▇▇▇ v Western Mutual Benefit) The motive of an individual in accepting the contract offered has nothing to do with his right to recover under the contract. Neither mutual consent nor communication of assent is important in case of reward. (▇▇▇▇▇▇▇▇ v Carwardine) One cannot accept an offer one doesn't know exists, or that one has forgotten exists. One needs an expectation or reliance interest in the reward in order for that reward to be recoverable. (▇. ▇. ▇▇▇▇▇▇)
Examples of An objective test in a sentence
According to the recent practice parameter, treatment with anti-epileptic drugs does not prevent the development of epilepsy, and treatment should be considered only in special circumstances.1 Nevertheless, many children are at present still treated with anti-epileptic drugs after a first unprovoked seizure.2 An objective test to confirm or refute the diagnosis of first seizure is missing.
A Course Unit for Self-paced e-learning consists of the following i) a SCORM-based e-learning course received from the Publisher ii) An objective test in TC’s excel template format of not more than 100 questions, if any, received from the Publisher iii) Co-branded Certificate designed by TC in TC Template.