balancing of conflicting interests Flashcards
Definition
In law there will always be conflict of interest
Law should ensure that all interests are considered and balanced
example of conflict of interest in contract law
if a c suffers loss/damage their interests lies in receiving compensation
On the other hand the d does not want to be liable for the breach of contract or pay compensation for damage they did not cause
the law must balance these conflicting interests to produce a just result
Karl Marx view
Only way to achieve social justice and fairness is to balance conflicting interests in society
Jeremy Bentham
principle of maximising human happiness and diminishing pain
he believed this could only take place by balancing the different interests that exist in society
Van Jhering
society needed law to regulate the conflicts that would inevitably rise between the many different interests
and he argued that law acted as a mediator between those various different interests
an example of a balance of interests in contract law
miller V jackson
Couple who wished to enjoy their garden without interference had to be balanced with public interest of cricket ground who provided sporting facilities to local community
the public interest prevailed and an injunction was refused and damage was awarded instead
example against the law balancing conflicting interests in contract law
consumer rights acts
the interest of businesses have to be balanced with the interests of the public or customers
the law achieves a balance for the weaker party by including protections into the contract and for the benefit of the consumers
