balancing interests

Question 1

what does balancing interests mean

Answer 1

RIGHTS, so law protects peoples rights by imposing a duty on others not to interfere with them, this can cause conflict when two people have the right to different things such as balancing freedom of expression and right to privacy

Question 2

roscoe pound

Answer 2

if interests are balanced well, then it helps to achieve justice, where private and public interests compete, the public interest should prevail as it will be for the greater good, illustrating utilitarian view of justice from Bentham

Question 3

miller v jackson

Answer 3

illustrates utilitarian view of justice as the overall happiness and benefit to majority outweighs inconvenience to the few
-social balance powers over private matter s

Question 4

intoxication

Answer 4

R v Majewski, illustrates balancing of interests as it manages to balance the public and ease of using intoxication as a defence, as in this case he stated he had no recollection of the events but the interest of protecting society outweighs the defendant

Question 5

two examples of contract law balancing interests

Answer 5

CONSUMER RIGHTS, balance of power is with the traders so the consumer rights act seeks to even out the balance of power by putting implied terms into a consumer contract to protect the consumer- HOWEVER A TRADER MAY ARGUE THAT ITS NOT FAIR AS THEY HAVE TO GIVE A REFUND FROM THEIR OWN MONEY

INTENTION TO CREATE LEGAL RELATIONS, balances conflicting interests as it insures when a legally binding contract is made and the rights will be seen depending on the type of relationship they have

Question 6

structure

Answer 6

1. balancing interests meaning with example (right to privacy etc)
2. roscoe pound linking to Bentham
3. Miller v Jackson
4. R v Majewski
5. consumer rights act and intention to create legal relations
6. conclude that law seeks to balance rights in order to achieve justice