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Balancing Interests

The document discusses balancing conflicting interests in various areas of law. It identifies several key competing interests: 1. In criminal law - public safety vs. individual rights and liberties. For example, with recklessness and intoxication defenses. 2. In tort law - protecting individuals from harm while allowing reasonable activities. For example, in negligence cases and nuisance cases. 3. In legal procedure - fair trials vs. effective investigation of crimes. For example, regarding the right to silence, bail, burden of proof, and public interest immunity claims. The document analyzes several court cases that demonstrate how courts have attempted to balance these conflicting interests in different areas of law.

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Thato X Bathusi
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85 views2 pages

Balancing Interests

The document discusses balancing conflicting interests in various areas of law. It identifies several key competing interests: 1. In criminal law - public safety vs. individual rights and liberties. For example, with recklessness and intoxication defenses. 2. In tort law - protecting individuals from harm while allowing reasonable activities. For example, in negligence cases and nuisance cases. 3. In legal procedure - fair trials vs. effective investigation of crimes. For example, regarding the right to silence, bail, burden of proof, and public interest immunity claims. The document analyzes several court cases that demonstrate how courts have attempted to balance these conflicting interests in different areas of law.

Uploaded by

Thato X Bathusi
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Asif Tufal

BALANCING CONFLICTING INTERESTS


Print the following sections of the notes from the St. Brendans SFC website and answer the questions below: Social jurisprudence Criminal Law Tort Legal Procedure

(A)

Identification of the Different Interests of Parties to Disputes

SOCIAL JURISPRUDENCE 1. 2. How did Jhering explain the relationship between law and competing interests? Explain the three competing interests identified by Roscoe Pound.

(B) Public Interests Against Private Interests; the Subordination of Individual Rights to Community Interests
CRIMINAL LAW Recklessness 3. 4. What are the conflicting interests with regard to recklessness as a form of mens rea? Contrast the cases of Cunningham/Spratt and Caldwell (1981).

Intoxication 5. 6. What are the conflicting interests with regard to the defence of intoxication? Explain the reasoning behind the decisions in: Majewski (1976) and OGrady (1987).

Strict Liability 7. 8. What are the conflicting interests with regard to strict liability? Why was the offence in Alphacell v Woodward (1972) interpreted as one of strict liability?

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Asif Tufal

TORT Negligence 9. 10. What are the conflicting interests in the tort of negligence? Explain the decisions in Meah v McCreamer (No 1 and No 2) (1985-6) and/or Goodwill v British Pregnancy Advisory Service (1996)

Nuisance 11. 12. How does the tort of nuisance try to strike a balance between competing interests? Explain the decisions in Christie v Davey (1893), Miller v Jackson (1977) and Kennaway v Thompson (1980).

Defamation 13. 14. What are the conflicting interests in the tort of defamation? Explain the conflicting interests in Derbyshire CC v Times Newspapers (1993) and the balance in Loutchansky v Times Newspapers (2001).

LEGAL PROCEDURE 15. 16. 17. 18. What are the conflicting interests in civil and criminal cases? How are the conflicting interests regarding the right to silence balanced? What are the conflicting interests regarding the right to bail? What are the conflicting interests regarding the burden of proof in criminal cases? Refer to Woolmington v DPP (1935). What are the conflicting interests regarding self-incrimination? Explain the decision in Stott v Brown (2000). How can the concept of public interest immunity cause a conflict between different interests? Explain the decision in Duncan v Cammell Laird (1942) and/or R v Rankine (1986).

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