LAW CONTRACT Q9 (BALANCING CONFLICTING INTERESTS)

Question 1

What is the first point for balancing conflicting interests?

Answer 1

(Interest can be defined by rudolf)

Interests can be defined by rudolf con jeering and roscoe pound as ‘principles identified by individuals and/or states as being of fundamental importance’

Question 2

What is the second point for balancing conflicting interests?

Answer 2

(The courts aim to balance)

The courts aim to balance these conflicting interests such as those between individual interests, state interests, and public interests

Question 3

What is the third point for balancing conflicting interests?

Answer 3

(The significance of balancing conflicting interests)

The significance of balancing conflicting interests is that it attempts to create faitness and equity, as can be seen in the creation of acts such as the consumer rights act 2015 and unfair contract terms act 1977

Question 4

What is the fourth point for balancing conflicting interests?

Answer 4

(One potential issue with this concept)

One potential issue with this concept arises on the issue of subjectivity, where it is difficult to ensure that both parties feel their interests have been fairly met by the courts

Question 5

What is the fifth point for balancing conflicting interests?

Answer 5

(One example of this is innocent misrep)

One example of this is innocent misrepresentation, where a party will be entitled to recieve damages where the other party has made an incorrect statement with reasonable grounds to believe its true

Question 6

What is the Sixth point for balancing conflicting interests?

Answer 6

(The courts aim to strike a balance)

The courts aim to strike a balance by attempting to partially meet both sides’ interests, but this leads to a situation where both sides may feel aggrieved.

Question 7

What is the Seventh point for balancing conflicting interests?

Answer 7

(The utilitarian viewpoint)

The utilitarian viewpoint on balancing conflicting interest, as set out by jeremy bentham, would argue that when attempting to balance between private and social interests the courts should always take the public interest to benefit the most people

Question 8

What is the eighth point for balancing conflicting interests?

Answer 8

(Roscoe pound states that this is a viewpoint)

Roscoe pound states that this is a viewpoint that the courts generally take, as is clear in the cases of miller v jackson and kennaway v thompson

Question 9

What is the ninth point for balancing conflicting interests?

Answer 9

(One positive of the current stance)

One positive of the current stance on balancing conflicting interest is that it aims to achieve fairness and equity in society, and this will generally try to benefit as many people as possible

Question 10

What is the tenth point for balancing conflicting interests?

Answer 10

However, the inherent subjectivity of the issue will often result in a situation where one or both parties feel resentment at the decision.

Question 11

What are the 10 points in order?

Answer 11

1. Interests can be defined
2. The courts aim to balance
3. The significance
4. One potential issue
5. One example
6. The courts aim to strike a balance
7. The utilitarian viewpoint
8. Roscoe pound states
9. One positive of the current stance
10. However, the inherent subjectivity