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capitalist market economy

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1 To understand the law and how it is applied in any given case, often is a question of understanding the underlying competing policies/interests at work. Often it is a balancing test that is used by the Courts to determine the final outcome of a particular fact situation. Please discuss your understanding of this and provide examples of what is meant by this.

2 A capitalist market economy is based in part on the concept of freedom of contract. There are limitations developed by the common law and statutory laws on this. In the context of adhesion contracts, unconscionable contracts or employment law contracts (terminable at will), discuss the pros and cons of this issue and what implications this has for business law.

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This answer offers cogent arguments relating to capitalist market economy. Particular fact situations to discuss the examples are provided.

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1 To understand the law and how it is applied in any given case, often is a question of understanding the underlying competing policies/interests at work. Often it is a balancing test that is used by the Courts to determine the final outcome of a particular fact situation. Please discuss your understanding of this and provide examples of what is meant by this.
My understanding of this is that judges consider several relevant factors in legal case and reach a conclusion based on careful weighing of these factors. The balancing test allows the judges to think more intensely about the case presented to them than well defined rules allow. More and more case that were earlier decided by applying Supreme Court precedents are now being subjected to balancing ...

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