Balancing Conflicting Interests - Paper 3 Flashcards
Why does the law need to ensure that all interests are considered and balanced?
To produce a just result
Give an example of when interests are balanced?
A C has an interest in receiving compensation, and D does not want to pay compensation for damage which they did not cause
What did Karl Marx believe?
The only way to achieve justice and fairness is to balance conflicting interests in society, otherwise society will be oppressive
What did Jeremy Bentham believe?
Achieving maximum happiness could only take place by balancing the different interests that exist in society
What did Von Jhering suggest?
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
Who believed that law is an engineering tool?
Roscoe Pound
What was Roscoe Pound’s theory?
The law will try to engineer a balance between conflicting parties which will achieve social cohesion, and private interests should never be balanced against public interests as public interests will always prevail
Give an example of a case which showed that public interests prevailed over private interests
Miller v Jackson
What does the Consumer Rights Act 2015 state?
The interests of businesses have to be balanced with the interests of the public and consumers
