balancing conflict interests

Question 1

1)

Answer 1

interests can be defined by Rudolf von jeering and Roscoe pound as “principles identified by individuals and or states as being of fundamental importance.

Question 2

2)

Answer 2

the courts aim to balance these conflicting interests such as those between individual interests, state interests and public intrests

Question 3

3)

Answer 3

the significance of balancing conflicting interests is that it attempts to create fairness and equity, as can be seen in the creation of acts such as the cra

Question 4

4)

Answer 4

these acts were created to balance the imbalance of power between multinational corporations and individual consumers.

Question 5

5)

Answer 5

One potential issue with this concept arises on the issue of subjectivity, where it is difficult to ensure that both parties feel their interests have been fairly met by the courts.

Question 6

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Answer 6

One example of this is innocent misrepresentation, where a party will be entitled to receive damages where the other party has made an incorrect statement with reasonable grounds to believe it is true.

Question 7

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Answer 7

the courts aim to strike a balance by attempting to partially meet both sides’ interests, but this leads to a situation where both sides may feel aggrieved.

Question 8

8)

Answer 8

The utilitarian viewpoint on balancing conflicting interests, as set out by Jeremy Bentham, would argue that when attempting to balance between private and social interests that the courts should always take the public interest as to benefit the most people

Question 9

9)

Answer 9

One positive of the current stance on balancing conflicting interests is that it aims to achieve fairness and equity in society, and this will generally try to benefit as many people as possible.

Question 10

10)

Answer 10

However, the inherent subjectivity of the issue will often result in a situation where one or both parties feel resentment at the decision.