Balancing Confliciting Interests In Contract Law Flashcards
What is the primary role of law in relation to conflicting interests?
The law should ensure that all interests are considered and balanced.
What interest does a Claimant have when suffering loss or damage?
Their interest lies in receiving compensation.
What is the defendant’s interest in a legal conflict?
The defendant does not want to be liable for a breach of contract or pay compensation for damage which they did not cause.
What must the law do to produce a just result?
The law must balance conflicting interests.
What did Karl Marx believe about justice and fairness?
He believed that balancing conflicting interests in society is the only way to achieve justice and fairness.
What is Jeremy Bentham’s principle regarding human happiness?
He believed in maximizing human happiness and diminishing pain through balancing different interests in society.
What did Von Jhering suggest about the role of law?
He suggested that law is needed to regulate conflicts between different interests and acts as a mediator.
How did Roscoe Pound view the law?
He viewed the law as an engineering tool to achieve balance between conflicting parties and social cohesion.
What did Roscoe Pound believe about private and public interests?
He believed that private interests should never be balanced against public issues, or vice versa.
What was the outcome of Miller v Jackson?
The public interest prevailed, an injunction was refused, and damages were awarded instead.
The case involved balancing the private interest of a couple wanting to enjoy their garden with the public interest of a cricket ground providing facilities to the community.
How does the Consumer Rights Act balance interests?
It balances the interests of businesses with the interests of the public or customers by including protections for consumers.
What is the primary role of law in relation to conflicting interests?
The law should ensure that all interests are considered and balanced.
What interest does a Claimant have when suffering loss or damage?
Their interest lies in receiving compensation.
What is the defendant’s interest in a legal conflict?
The defendant does not want to be liable for a breach of contract or pay compensation for damage which they did not cause.
What must the law do to produce a just result?
The law must balance conflicting interests.
What did Karl Marx believe about justice and fairness?
He believed that balancing conflicting interests in society is the only way to achieve justice and fairness.
What is Jeremy Bentham’s principle regarding human happiness?
He believed in maximizing human happiness and diminishing pain through balancing different interests in society.
What did Von Jhering suggest about the role of law?
He suggested that law is needed to regulate conflicts between different interests and acts as a mediator.
How did Roscoe Pound view the law?
He viewed the law as an engineering tool to achieve balance between conflicting parties and social cohesion.
What did Roscoe Pound believe about private and public interests?
He believed that private interests should never be balanced against public issues, or vice versa.
What was the outcome of Miller v Jackson?
The public interest prevailed, an injunction was refused, and damages were awarded instead.
The case involved balancing the private interest of a couple wanting to enjoy their garden with the public interest of a cricket ground providing facilities to the community.
How does the Consumer Rights Act balance interests?
It balances the interests of businesses with the interests of the public or customers by including protections for consumers.
