DCC 330, 340/2007

This case involved goods which had been damaged in an accident while being transported. Although there was no written contract it was concluded there was evidence of a land shipping agreement which had an impact on who was responsible for the damage. One of the parties was the employee of the other and employer's liability applied.

Background

A Plaintiff filed case 714/2005 before the Dubai Court of First Instance against two Defendants, seeking payment of compensation of 1.5 Million AED on the basis they had contracted with the defendants for the clearance and transport of goods from the Dubai Port to Sharjah.

The clearance process proceeded without issues, however, at the transportation stage, a container accident occurred, which led to the extensive damaging of the goods in the container and was the amount being claimed by the Plaintiff.

The First Respondent represented the clearance company and the Second Respondent, the operator of the container trailer which was directly responsible for the accident.

The Court of First Instance decided to dismiss the claim against the First Defendant and allow the claim partially only against the Second Defendant.