Practice question · Match the pairs
Match each instrument to the technique it uses.
- A penalty for discharging waste without a permit
- A tax deduction for insulating a building
- Nullity of a contract made without the required form
- A favourable status for firms meeting an environmental standard
- Promotional by conferring an advantageous position
- Promotional: an advantage attached to desired conduct
- Repressive: a penalty attached to undesired conduct
- Repressive by deprivation of legal effect
Hints
- Two of the four attach a burden, and two attach a benefit.
- One of the burdens is not a punishment but the withdrawal of an effect.
Show the answer
- A penalty for discharging waste without a permit → Repressive: a penalty attached to undesired conduct
- A tax deduction for insulating a building → Promotional: an advantage attached to desired conduct
- Nullity of a contract made without the required form → Repressive by deprivation of legal effect
- A favourable status for firms meeting an environmental standard → Promotional by conferring an advantageous position
Why
The nullity case is the interesting one. Nothing is inflicted on the party — no fine, no imprisonment — yet the legal effect they wanted is withheld. It belongs with the repressive technique because it discourages, and it shows that the technique does not require a punishment in the ordinary sense.
Practise What Law Is For
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