Justice Flashcards
Define Justice
Just conduct, fairness - Oxford Dictionary
Can be procedural, substantive or corrective.
Intro of Justice after definition
Purpose of law to promote justice, ‘the idea of conformity, applying the rules the same way to all people.’
The Rule of Law:
- based on the principle that there is a duty to act fairly.
> No man is above the law
> No one is punishable except where there is a dishonest breach of the law which is established in court.
Procedural Justice
> Concernedwith ensuring that the process by which a decision is reached is fair and applied impartially and in a just manner.
Allow anyone with legitimate grievance to have their case heard in a fair and impartial way.
Legal institutions like police, courts, judiciary, juries and appeal systems.
Everyone has right to access justice, legal aid should do this. But legal aid, sentencing of Offenders Act reduced availability of legal aid. If you cannot afford legal representation you have no right to a fair trial.
Corrective Justice
When justice is disturbed by wrongdoing then we have corrective systems:
1) Appeals
The CRIMINAL APPEALS ACT 1995 enables CA to allow appeal if conviction is seen as unsafe.
2) Damages
In contract the aim is to put the claimant where he would have been if the contract had properly been performed, however only losses within the REASONABLE CONTEMPLATION of the parties may be recovered - VICTORIA LAUNDRY
Substantive Justice
Concerned whether the rules are JUST - the laws themselves, offer, acceptance etc…
WAS JUSTICE PROVIDED?
- Offer / ITT and acceptance
PROVIDED:
Decision in FISHER & BELL & PATRIDGE V CRITTENDEN based on freedom of contract, the customer would be able to do enter shop, accept ‘offer’ and create a legally binding contract.
Revocation in case circumstances changed - ERRINGTON V ERRINGTON
NOT PROVIDED:
In ADAMS V LINDSELL courts accepted contract is formed at moment the letter of acceptance was posted, offeror may have no idea there’s an accceptance.
WAS JUSTICE PROVIDED?
- Consideration
PROVIDED:
A duty imposed by law in COLLINS V GODEFROY, a person should not be able to enforce additional benefits for an obligation they have no choice but to perform. If someone goes beyond his legal duty then he can enforce the promise - GLADBROOKBROS
NOT PROVIDED:
In STILK V MYRICK justice not reflected as they were promised additional benefits so unfair they didn’t get what was promised.
WAS JUSTICE PROVIDED?
- ITCLR
PROVIDED:
The law will not enforce a contract if there was no intention to create legal relations, like a social arrangement- SIMPKINS V PAYS.
NOT PROVIDED:
In BALFOUR V BALFOUR law stopped C as they were married but that did not mean he relied on it any less than if the agreement had been commercial.
WAS JUSTICE PROVIDED?
- CRA
PROVIDED:
Parliament enacted protective legislation, like the CRA, imposes strict liability on a producer of damage caused by dangerous products, and which demands that goods sold to consumers, must be of adequate quality.
NOT PROVIDED:
Act is criticised for protecting consumers in society at the expense of businesses.
WAS JUSTICE PROVIDED?
- Terms
PROVIDED:
If a term is broken the innocent parties actions is for BREACH OF A CONTRACT, remedies will put the claimant they would have been in if the contract was fulfilled. Corrective justice
NOT PROVIDED:
Implied terms are added to contracts the parties have not actually agreed to.
WAS JUSTICE PROVIDED?
- Vitiating factors - misrep / economic duress
PROVIDED:
If the party contracted based on false info there is no freedom of contract, so the result is contract is voidable, providing justice.
NOT PROVIDED:
Innocent misrep holds defendant liable for damages which may be seen as unfair as it wasn’t really their fault
WAS JUSTICE PROVIDED?
- Discharge of a contract - breach / frustration
PROVIDED:
Contract becomes frustrated when, due to the fault of neither party, it becomes impossible to complete - TAYLOR V CALDWELL, neither party be at fault so justice is provided.
NOT PROVIDED:
Original rule did not acknowledge the existence of frustration so in PARADINE V JANE the tenant was still forced to pay rent despite being forced off his land through war.
WAS JUSTICE PROVIDED?
- Damages of a contract - performance
PROVIDED:
If a party has completed a ‘substantial’ amount of work under the contract then the party is entitled to be paid for the work done.
NOT PROVIDED:
Original rule was unfair on claimant in CUTLER V POWELL as she couldn’t claim for her husbands wages.
WAS JUSTICE PROVIDED?
- Exclusion Clauses
PROVIDED:
Courts have tried to protect weaker party - consumer - OLLY V MALBOROUGH COURT HOTEL.
NOR PROVIDED:
Many tenants try to use exclusion clauses and related noticed to try and evade their legal responsibilities.
WAS JUSTICE PROVIDED?
- remedies - damages and equity
PROVIDED:
Damages in contract law puts the victim in the position he would have enjoyed if the contract has been properly fulfilled, this is corrective justice.
NOT PROVIDED:
Remoteness may be seen as unjust as it means claimant may be left without compensation for a loss which was not their fault.
