Balancing Conflicting Interests

Question 1

Intro

Answer 1

• The law will always be conflicting interests, and the law should ensure that all interests are considered and balanced
• The courts will try to ensure that the rights, obligations and responsibilities of both parties are managed and judged fairly
• for example if the C suffers a loss due to the D’s breach then their interest lies in receiving compensation
• The D is responsible for paying the amount that is reasonable
• This balances conflicting interest on both parties
• The law must balance both the C and D’s conflicting interests to produce a just result

Question 2

Karl Marx

Answer 2

Believed the only way to achieve justice and fairness is to balance conflicting interests in society. If interests are not balanced,society will be oppressive

Question 3

Jeremy Bentham

Answer 3

Believed in the principle of maximizing human happiness and diminishing pain. He believed that achieving maximum happiness could only take place by balancing the different interests that exist in society

Question 4

Von Jhering

Answer 4

Suggested that society needed law to regulate the conflicts that would inevitably arise between the many different interests and argued that law acted as a mediator between these various competing interests

Question 5

Roscoe Pound

Answer 5

Believed that the law should act as an engineering tool to balance the interests between conflicting parties. However he believed that private interests should never be balanced against public interests because public interests will always prevail.

This can be seen in the case of Miller v Jackson as couples private interests of using their garden was being balanced against the public interest of providing sports facilities to the community. The c failed to obtain an injunction as this would not be seen in the public’s interest and damages were awarded instead