Balancing Conflicting Interests Flashcards
1
Q
What is balancing conflicting interests in contract?
A
Judges consider needs between businesses and consumers
2
Q
What was Bentham’s view?
A
Interests of individual conflict with society
3
Q
What was Roscoe Pound’s view?
A
Individual interests shouldn’t be balanced with social interests
4
Q
Miller v Jackson balancing conflicting interests?
A
Miller’s interets in privacy vs public interest in domestic privacy
5
Q
Example of balancing conflicting interests in contract?
A
Unfair Contract Terms Act 1977 reduces exclusion clauses and limitation clauses in consumer contracts
