UAE 183/2011
Type
Case
Court
UAE Federal Supreme Court
Jurisdiction
Sharjah, United Arab Emirates
Taxonomy
General Criminal Law & Disposition of Offenders, Offences against the Person, Fraud, Types of Contract, Breach, Discharge & Rescission of Contract, Building Contracts
Copyright
LexisNexis
Decision date
1 Jun 2011
Catchwords
Misrepresentation – Fraud – Silence – Contract – Rescission – Construction
This case involved the rescission of a property sale contract. A key issue was whether one of the parties who worked on the construction project had deliberately concealed information about the cancellation of the project which would have meant the other party would not have entered into the contract and the impact of this.
Background
An Appellant filed lawsuit No 2091/2009 Al Sharjah against the Respondent demanding the rescission of an assignment contract issued by them on the assignment of an apartment mentioned in the contract and the reinstatement to the former position and to order a bank and Real Estate company to jointly pay 173,095.6 AED with legal interest and order the Respondent to pay him 515,765 AED with legal interest and return a cheque withdrawn with a value of 215,765 AED. The Bank owned the property in and got the Real Estate company to complete a project on the property. The Respondent worked as a manager for the company and offered the Appellant assignment of one of the apartments.