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.…show more content… The business will first have to file for litigation before the option for mediation at PDRC ill become available. Since litigation is very expensive and requires lawyers, lawyer fees and takes a longer time, SMC ill be faster and cheaper overall. Moreover, the mediator appointed at SMC is not a judge but rather, a professional with technical expertise and field experience in the matter being disputed. This ensures a more practical judgement as compared to at PDRC, where the mediator is a judge of the Subordinate Courts.
4) A business which has not chosen to go for SMC will go for mediation services offered by the court at PDRC as many people may be unfamiliar/unaware about mediation at SMC being an option and thus filed for litigation directly. After being made aware of the option of mediation, many would go for PDRC as it wastes less time, since litigation usually involves long waiting periods after applying for litigation to go to trial. Thus, most would just try mediation first and only proceed with litigation if mediation at PDRC fails, especially since it is free. Given that litigation has started, both parties are also more likely to compromise than before.
5) Yes, you can go for arbitration even if both the businesses are local.
6) The business can negotiate with the lawyer, or choose instead to have the bill taxed in court ie have the bill examined by the court to see if it has indeed been overcharged. Alternatively, it may