DCC 226/2007
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Agency, Sale of Goods, Payment & Payment Systems, Financial & Business Offences, General Tort, Rights & Duties of Employees & Employers
Copyright
LexisNexis
Decision date
29 Apr 2008
Catchwords
Bounced Cheque – Tort – Employer's Responsibility – Sale of Goods – Agency
This case involved goods purchased for a shop by an employee which were paid for with a bounced cheque. The case looked at whether the employee was responsible because they were allegedly operating outside their remit or if the company and owner were.
Background
A Plaintiff filed suit No. 443 of 2006 before the Dubai Court of First Instance against: a number of parties including a food trade company and its owner requesting they pay 588,904 AED and 12% interest per annum from the date of maturity until the completion of payment, on the basis that the First Defendant had been working at the Plaintiff since 3-3-2004 as a sales executive. They made sales and purchases in accordance with the procedures followed by the Plaintiff.
From 1-6-2005 until 27-7-2005, the First Defendant ordered goods from several companies and handed them directly to the Third Defendant institution managed by the second Defendant. They received seven cheques but they bounced.