First Principles of Business Law

An introduction to legal studies
9. Justice and law

9.4. Identifying the elements of just decision making

 

 

Case study continued...  On the basis of what the case study has demonstrated, which of the following principles should be applied for law to be administered with justice?

1. When applying the law, individual cases must be compared on their material facts.    

2. Cases which are the same on their materials facts should be treated in the same way as each other.

3. Cases which can be distinguished on their material facts can be treated differently. 

4. The consequences for unlawful acts should not be so harsh that the general community would regard them as unreasonable or unfair.

 

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