We recently studied a case called "The Hannah Blumenthal" in uni and I'm very confused in regards to whether subjective or objective approach was used. The facts of the case are that: "sellers and buyers entered into an agreement to settle a dispute by arbitration.
6 years passed, during which nothing happened.
After 6 years, buyers attempted to fix a date for arbitration.
The sellers argued that the buyers could not do so as both the parties had, by their silence and inactivity, made a new agreement to abandon the previous agreement. The seller’s argument was accepted by the courts."
Could someone help me out and explain whether Objective or Subjective approach was used.