UAE 730/2015
Type
Case
Court
UAE Federal Supreme Court
Jurisdiction
Sharjah, United Arab Emirates
Taxonomy
Sale of Goods, Types of Contract, Remedies, Breach, Discharge & Rescission of Contract
Copyright
LexisNexis
Decision date
27 Dec 2016
Catchwords
Sale of Goods – Contract – Remedy – Force Majeure
This case involved an initial claim for non-payment for goods supplied and a counter claim that a delay in supply had caused the other party damages. A key issue was whether the conditions for force majeure applied in this case so the supplier was not liable to pay the damages.
Background
A Respondent filed the action No 3130/2013 Al Sharjah demanding the validity and establishment of a provisional seizure and to make the Appellant pay 4,585,370,71 AED with 12% legal interest.The Respondent claimed that in 2012 under some purchase orders, she sold the Appellant bituminous products and special products to build pavements. The Respondent had also rented some equipment. The Respondent asked the Appellant to pay for the supplies but the Appellant refused to do so.