Law + Society (Balancing Conflicting Interests)

Question 1

Define law.

Answer 1

• Set of rules created by gov which forms a framework to ensure a peaceful society.

Question 2

Explain what balancing conflicting interests refers to.

Answer 2

• Balancing the rights of parties to a contract.
• Both parties believe they have a valid legal argument.

Question 3

Explain what balancing conflicting interests in contract law means.**

Answer 3

• Both parties have an interest + want the best deal.
• Must be fair + equal for both sides.
  This Is Important Because:
• There are rarely situations where both parties have equal bargaining terms.

Question 4

Explain how in law we must ensure there’s balance of both public + private interests.

Answer 4

• Consumer - trader / business - business.
  4 things to consider:
  1) Thriving economy - law set up so people can function in business.
  2) Have to consider rights of buyers + sellers.
  3)** Rights of third parties.
  **4)* If everyone else is incorporated into contract.

Question 5

Explain the 3 considerations when trying to balance interests in a case.

Answer 5

1)** What rights can be identified (i.e. who? - consumer - trader / business - business)
**2)* What’s the conflict?
3) What’s the legal mechanism to resolve? (i.e. what law will be used? common law + statute).