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BUS307 - Business Law Assignment - Civil And The Criminal Proceedings

   

Added on  2020-02-24

6 Pages994 Words213 Views
Running head: BUSINESS LAW ASSIGNMENTBusiness Law AssignmentName of the StudentName of the UniversityAuthor Note

1BUSINESS LAW ASSIGNMENTThe court visit would enable the student to understand the jurisdictions of the different courtsand the matters dealt by each court. The difference between the civil and the criminalproceedings are as follows:The first case is a civil suit and the second case citation is a criminal case;The proceedings of the civil suit had been conducted before the District Judge and thelegal proceedings for the second case had been held before the Magistrate Court;The civil suit was dealt under the Contract Act whereas the second case was dealt underthe Code of Criminal Procedure;The penalties levied upon the wrongdoer and the accused person differs in each of legalproceedings;On the other hand, the similarity between both the civil and criminal proceedings inSingapore is as follows:. The trial proceedings in both the cases were heard before the High Court of Singapore;In both the legal proceedings, the accused and the wrongdoer were imposed penalties;The High Court attends both civil and criminal matters as well as the decisions of theMagistrate’s courts and District courts. The High Court exercises its supervisory jurisdiction over all the subordinates’ courtswith respect to civil or criminal matters. The difference between the criminal and the civilproceedings can be demonstrated by the following two cases

2BUSINESS LAW ASSIGNMENTDate and Time: 26 August 2017, 11:30 amName of the Proceeding: Creative Technology Ltd and Another v Huawei International PteLtd[2017] SGHC 201Name of the Court: High Court, SingaporeName of the Judge: Chang Seng OnnNature of Dispute: anticipatory breach of contract, misrepresentation of facts,Infringement of implied terms of contractName of counsel: The counsels for plaintiff were Yim Wing Kuen Jimmy SCSoo Ziyang, Huang Junjie and for defendant Andre FrancisManiam, Yong Shuyi, Alma and Siew GuoweiName of the proceeding: Creative Technology Ltd and Another v Huawei International Pte Ltd [2017] SGHC 201Overview of the caseThe issue arising in the present case is related to the breach of contract, misstatement andmisrepresentation of fact. CTL entered into a contract with Huawei International Pte where therespondent consented to operate WiMAX network on behalf of CTL. The dispute arose inrespect of the annexure 6 of the contract agreement. After perusing the matter, Creativeterminated the contract as there was a breach of contract terms of providing good qualityproduct. Court’s decision

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