Balencing Conflicting Intereste

Question 1

Define balancing conflicting interests

Answer 1

To ensure all interests are considered and balanced to produce a just results
Eg. Claimant wants to sue for compensation but d doesn’t want to pay compensatory damages as they aren’t the cause

Question 2

Marx theory

Answer 2

To achieve justice and fairness there must be a valence of conflicting interests or society will be oppressive

Question 3

Bentham theory

Answer 3

So achieve maximum happiness there must be balance in different interests in society

Question 4

Jhering theory

Answer 4

Law acted as a mediators between competing interests and society needs to regulate conflicts