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AS Unit 2 problem topics: tort law

Balancing public interests and private rights

Andrew Mitchell examines three recent cases in the senior appeal courts where judges have been required to balance conflicting interests

This article relates to AQA A2 Unit 4 (concepts of law).

One of the key themes of balancing conflicting interests in concepts of law is the relationship between public interests and private interests. Roscoe Pound (1870–1964), an influential US legal philosopher who contributed a series of written works to Western legal theory in the first half of the twentieth century, argued that if a dispute arose between differing interests it was the public interest that should prevail, reflecting the interests that weigh most heavily in civilisation.

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AS Unit 2 problem topics: tort law

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