Question

Prompt: Discuss the importance one’s ability to settle a dispute (both criminal and civil) in a formal court setting. Also discuss the importance and requirements of the “shopkeeper’s privilege” to a business.

Requirements: 250 words minimum initial post, 100 words minimum reply

Answer 1

There are a number of alternative dispute resolutions methods but commonly these methods can be seen as a simple act of resolving the disputes between different parties or individuals. In some special events negotiation, mediation, arbitration or some other means are used by the various individuals to settle down their differences. In case these options are not feasible then the option of litigation is utilized with the help of lawyers and court. The right to a fair trial is given to each and every under the constitution. In order to resolve any kind of legal controversies, the courts and the justice system are provided in litigation. A pressure can be exerted in the opposing parties to find out the solution with the help of litigation.

The privilege of shopkeeper can be defined as the protection to torts of invasion of privacy, defamation, and false imprisonment for merchants. Under this, a shopkeeper has the right to detain any suspected shoplifter for a considerable and reasonable time period during the investigation of matter or event. The justification of this privilege can be given by the practical requirement for some level of protection given to the shopkeepers while dealing with the probable shoplifters. There are seven principles factors which are included in the shopkeeper’s privilege which are as below:-

(1) stopping customers unnoticeably;

(2) Not to use physical force unless same is used by the customer;

(3) Not to indulge in public enquiry or accusation within the range of hearing of other shopkeepers.

(4) Notifying the suitable authority in order to effectively manage the situation.

(5) Ensuring the proper physical condition of the shopper in case of detention.

(6) Detention of only suspected customers unless the arrival of the police.

(7) Proper care must be taken in order to detain child or youth and due chance must be given to contact the parents or guardian.