ADCC 519/2008
Type
Case
Court
Abu Dhabi Court of Cassation
Jurisdiction
Abu Dhabi
Taxonomy
Judiciary, Compensation, General Contract Law
Copyright
LexisNexis
Decision date
30 Dec 2008
Catchwords
Appellant’s request – Sold item – Implicit request – Revocation – Consensual compensation – Original obligation – Error – Misfeasance – Legal estimation
The appellant's request to recover the price of the sold item is considered to include an implicit request of revocation. Consensual compensation shall be dropped due to the drop of the original obligation resulting from the revocation of the contract. Call for compensation due to the revocation of the contract is based on error and misfeasance and not the consensual compensation which is considered an erroneous legal estimation.