Smith v Hughes- The Standard Example of Objectivity

   Smith v Hughes (1871) is frequently alluded to as the best exemplar of the objective test in practice. In a dispute over the sale of oats, it was decided that the defendant's state of mind (ie. thinking that he was purchasing old oats) was irrelevant to the case. An objective approach was applied where the fact that the parties were 'ad idem' and at cross purposes to the terms of the case were considered to be of the most importance, regardless of subjective considerations.

This case also illustrated the fact that silence cannot be considered to be a misrepresentation, which the claimant also attempted to bring an action forth for.