Differences in Uae & English Law
Autor: sajoo008 • April 10, 2016 • Research Paper • 604 Words (3 Pages) • 1,080 Views
Differences in UAE & English Law
Law 101
Name:
ID:
Dr. Tariq Tawil
Introduction
In this assignment we have to list out the differences in the laws of UAE and the laws of UK relating to misrepresentation. To do that, it is important to understand what misrepresentation is in first place. In simple terms, misrepresentation occurs if one party has misled the other party by falsifying the details either negligently or on purpose. The treatment of this type of misconduct is recognized under UAE law and English law, will be discussed in this paper.
Differences
Before the formation of UAE, the Arab was colonized the British, due to which most of the laws and constitutional policies have been adopted from the English system. That is why in treating misrepresentation there is only a minor difference between the UAE law and the English law. The article that details the laws regarding misrepresentation under UAE law is Article 185, which defines misrepresentation as when one of the parties tricks the other party by fraudulent means which leads the party to consent which he would not have given in other circumstances. In Article 186, “Deliberate silence concerning a fact or set of circumstances shall be deemed to be a misrepresentation if it is proved that the person misled thereby would not have made the contract had he been aware of that fact or set of circumstances.”
To explain the articles in the above paragraph, it is important to understand that, under UAE law there is no misrepresentation due to negligence, there is only one misrepresentation which is fraudulent. This means that even if the party was misrepresenting negligently, he would still be charged as he was misrepresenting with fraudulent intentions. The compensation needed to be paid on average is higher than and usually there is criminal case against the party as well.
Under the English law, there are two types of misrepresentation, negligence and fraudulent. The penalty of negligence misrepresentation is lenient compared to fraudulent misrepresentation. That is the biggest difference between English law and UAE law, under UAE law there is no negligent misrepresentation.
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