BSP1004 Tutorial Answer
Tutorial 1- Introduction to Legal Environment of Business
1a) This is a civil matter as it is a private dispute between S and T which is not harmful to society. The dispute should be resolved through mediation. This is because it is cheaper, faster, more informal, and also private. Most importantly, it creates a win-win situation which will allow S and T to preserve their business relationship and compromise to settle the dispute amicably.
b) This is a criminal and civil matter. It is criminal as theft is against public interest and safety and illegal under Section 379 of the Penal Code. At the same time, it is also a civil matter as breaking into the store and stealing jewellery is a private wrong against the owner of the store. Resolving this dispute is contingent on several factors. Firstly, it depends on whether S has insurance for his jewellery. Since insurance cannot be claimed twice for both criminal and civil matters, which are heard by different courts, it may not be prudent for S to commence civil action. Another consideration would be whether the jewellery can be found. If it can be found, it can be returned after the criminal proceedings, and would not make a loss.
Can go into damages e.g. loss of sales, damages of shop as well
c) This is both a criminal and civil matter. Firstly, it is a criminal matter as reckless driving harms society and results in injuries and loss of lives. It is also illegal under Section 279 of the Penal Code and under the Road Traffic Act. Secondly it is also a civil matter as T knocking down S is a private wrong. To resolve this, S or S’ family can proceed with litigation, as this does not require T’s consent, which he is unlikely to give. However, this is contingent on whether the defendant will be able to compensate for the damage, as it will be pointless to sue if T is unable to pay.
X Pte Ltd can also sue T for damages to public image of the company
d) This is a civil matter as it is a private wrong that is not
1a) This is a civil matter as it is a private dispute between S and T which is not harmful to society. The dispute should be resolved through mediation. This is because it is cheaper, faster, more informal, and also private. Most importantly, it creates a win-win situation which will allow S and T to preserve their business relationship and compromise to settle the dispute amicably.
b) This is a criminal and civil matter. It is criminal as theft is against public interest and safety and illegal under Section 379 of the Penal Code. At the same time, it is also a civil matter as breaking into the store and stealing jewellery is a private wrong against the owner of the store. Resolving this dispute is contingent on several factors. Firstly, it depends on whether S has insurance for his jewellery. Since insurance cannot be claimed twice for both criminal and civil matters, which are heard by different courts, it may not be prudent for S to commence civil action. Another consideration would be whether the jewellery can be found. If it can be found, it can be returned after the criminal proceedings, and would not make a loss.
Can go into damages e.g. loss of sales, damages of shop as well
c) This is both a criminal and civil matter. Firstly, it is a criminal matter as reckless driving harms society and results in injuries and loss of lives. It is also illegal under Section 279 of the Penal Code and under the Road Traffic Act. Secondly it is also a civil matter as T knocking down S is a private wrong. To resolve this, S or S’ family can proceed with litigation, as this does not require T’s consent, which he is unlikely to give. However, this is contingent on whether the defendant will be able to compensate for the damage, as it will be pointless to sue if T is unable to pay.
X Pte Ltd can also sue T for damages to public image of the company
d) This is a civil matter as it is a private wrong that is not