Balancing Conflicting Interests

Question 1

What do all legal disputes have

Answer 1

Conflict between views/rights/interests

Question 2

Who can legally disputes be between

Answer 2

2 private individuals
Individual v business/authority

Question 3

What is balancing conflicting interests

Answer 3

The role the law plays in determining principles of law (consideration or balance of 2 interests)

Question 4

In law Whats used to balance conflicting interests

Answer 4

Legislation or common law

Question 5

What type of law is used to balance conflicts between 2 private parties

Answer 5

Substantive law

Question 6

Give an example of substantive law used to balance conflicts between 2 private parties

Answer 6

Self defence
- right of v not to be attacked
- right of d to protect self

Question 7

What type of law is used to balance conflicts between individuals and the state

Answer 7

Procedural law

Question 8

Give an example of procedural law used to balance interests between individuals and state

Answer 8

Bail
- states interest of imprisoning d
- ds interest of not being imprisoned until found guilty
Bail act 1976- regulates conflict (right to bail but can be justifiably refused)

Question 9

What theorist is used for balancing conflicting interests and what does he recognise

Answer 9

Jhering- recognises conflict between private and public interests

Question 10

What does jhering say about interests of society

Answer 10

They should be prevailed, the law should come to an outcome that reflects societal values

Question 11

Whats 1 example of balancing conflicting interests

Answer 11

Consumer rights act 2015- balance rights of consumer and trader

Question 12

What does the CRA do to protect the rights of the consumer and trader

Answer 12

Consumer- rights against trader
Trader- only order remedies where reasonable

Question 13

Give an example of the CRA balancing the interests of consumer and trader (include sections)

Answer 13

If breach s9-11 there are remedies available e.g. s23 right to repair/ replace but only ordered if cost to trader isn’t disproportionate

Question 14

Whats another example of balancing conflicting interests

Answer 14

Frustration- balancing 2 competing private interests

Question 15

What is frustration

Answer 15

An unforseeable supervening event that is the fault of neither party, terms the contract impossible
Parties may have made financial commitments

Question 16

What act is used in frustration to balance interests

Answer 16

Law reform (frustrating contracts) act 1943

Question 17

What section of the law reform act is an example of balancing conflicting interests

Answer 17

S1(2)- where there is sums paid between parties prior to intervening event, they are recoverable