DCC 39/2010
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
General Contract Law, Sale of Goods, Breach, Discharge & Rescission of Contract, Admiralty, Shipping & Navigation, Jurisdiction & Choice of Law
Copyright
LexisNexis
Decision date
13 Apr 2010
Catchwords
Contract – Sale of Goods - FOB – Rescission of contract – Shipping – Court Authority
This case involved a contract for the sale of goods and whether there was a right to rescind the contract when goods were not picked up. Key issues include whether this was an FOB contract and the impact that might have and if the vendor was able to state they would sell the goods if they were not picked up within a certain timeframe or court supervision of any such sale would be needed.
Key Legal Questions
The definition of FOB and the vendor and purchaser's obligations and the effect of not executing them.
If the Commercial transactions law states a vendor can abstain from delivering something sold or giving back money to the purchaser if the delivery did not take place in an FOB.
If the vendor has the right to ask the Court to prove that the sale took place and to sell the thing sold under its supervision if the purchaser did not pick it up.
Whether something which has been sold should be delivered in the place and at the time where it was sold unless the agreement stipulates differently.