Conflicting Interest:

Question 1

Introduction (3 points)

Answer 1

> In any society there are CONFLICTING INTERESTS, and one role of the law is to ensure that all interests are considered and balanced in both its creation and its enforcement.
An interest is a right the law will acknowledge. Balancing can include a compromise between conflicting interests
The role of then to try and balance these different and competing interests.

Question 2

Introduction balance scenario

Answer 2

In a civil law one person (the claimant) may wish to pursue compensation for damages suffered by another person’s breach a contract (defendant). Here the INTEREST for the defendant would be to be liable for damages that are unforeseeable or beyond their control.

Question 3

Conflicting Interests in Contract Law

Answer 3

The state wants to ensure that the different interests are served by the law and that regulations ensure that the different interests are served by the law and regulations ensure protection, like the CRA s31 - s9, s10, s11 can never be excluded.

Question 4

Corresponding rights and duties:

Answer 4

> Conflict of interests: arises from the desire of a stronger party to dictate the terms of a contract, by forcing weaker party into a party with unacceptable terms
The conflict of interests also arises from the principle that only a a party to a contract can take legal action upon it - PRIVITY.
Parties have freedom to make terms but areas of contract law that imply terms into contracts via legislation - CONSUMER RIGHTS ACT 2015