Legal Drafting and Contracts

The contracts

 The definition of a contract is an agreement between two or more persons, whether an ordinary person or a legal entity, in order to establish mutual legal obligations, as the UAE Civil Transactions Law has indicated that a contract is The Binding of the offer issued by one of the contractors with the acceptance of the other and their consent in a way that proves its effect on the contract, and it follows that each party is committed to what it is owed to the other party.

 Contracts are divided into: contracts are divided into named and unnamed contracts, the named contracts such as the contract of sale, partnership, agency, contracting, work ... etc., and they are named because the law singled them out with specific legislative provisions, and contractors are not authorized to deviate from these provisions governing the bonds of their parties.

 If one of these three pillars is not available, the contract will be void because the pillars are the mainstay of the contract

 The contracts are divided into :

 So this prompts us to find out what are the sources of commitment :

1 contract.

2-individual actions and actions.

3-the harmful act.

4-acts that confer benefit.

5-the law.

 Contractual liability: contractual liability arises from breach of obligation, when the parties to the contract or one of them violates the terms stipulated by the contract, and therefore the injured contracting party is entitled to claim compensation for losses incurred due to breach of contract.

 Contractual damages: according to the Civil Transactions Law of the United Arab Emirates, contractual damages are those that result from a breach by one of the contractors of its obligations stipulated in the contract and the loss suffered by the contracting party, as a result of which compensation is due .

 Article 390 of the UAE Civil Transactions Law also provides as follows: the contracting parties may determine the amount of compensation in advance by making a provision for this in the contract or in a subsequent agreement, taking into account the provisions of the law, and therefore the contracting parties to the contract may agree on a certain amount for damages that any contracting party can claim in case of breach of the terms of the contract by any of the parties.

 The task of estimating direct damages : the result of direct damage is to compensate the contracting party for the non-performance of the contract and the loss incurred by him due to the violation foreseen at the time of conclusion of the contract, either of the contracting parties has the right to apply to the judge to change this agreement to make the compensation equal to the damage. Accordingly, the court can exercise this authority only at the request of either party, and any agreement between the parties prohibiting the parties from applying to the court to change the agreement of the parties to make compensation equal to the damage is invalid..

 Regarding the lost earnings: article 292 of the Civil Transactions code reads as follows: “in all cases, compensation must be estimated to the extent of the lost earnings and the damage suffered, provided that this is a natural consequence of the harmful act .

 The problem of proving contractual liability : three factors must be available to prove tort liability :

1-breach of a contractor (malicious act)

2-damage to the contracting party

3-causal relationship between them

 For example: it is necessary to prove the breach of one of the parties to the contract and that this breach results in damage to the other party, and the damage caused to the other party must be a result of this breach .

Here, the Legal Drafting and Contracts legal advisor , where he examines the papers and attends the preliminary discussions and deliberations prior to editing the contract, in order to clarify the ideas and common elements between the contractors as well as the elements of the contract and the rights and obligations of all parties to achieve a balance between them .

Wrongful Death

Compensation for injuries that occur to people, whether while walking on the road, driving a car, or even while working, is one of the topics that I am interested in regulating by the UAE legislator in a significant and orderly manner because the government in the UAE is keen on taking a keen interest in people's lives and paying damage to them, and if they are injured, they should receive the utmost attention and care to help them overcome the crisis resulting from the accident, Accordingly, the traffic and accidents law in the UAE was regulated by federal law No. 21 of 1995, as amended by Law No. 12 of 2007, which dealt with, in four sections, traffic and traffic rules, driver's licenses and driving instruction, inspection, registration and licensing of mechanical vehicles, penalties for traffic and traffic crimes and their procedures, and many ministerial decisions were issued in this regard, such as Ministerial Decision No. 127 of 2008, and resolution 178 of 2017 on traffic control rules and procedures , He also issued the unified policy for vehicle insurance against civil liability issued under the system of standardization of vehicle insurance policies in support of the decision of the board of Directors of the Insurance Authority No. 25 of 2016.

The legislator has allocated compensation for traffic accidents with the utmost care, With regard to compensation for traffic and traffic accidents in the UAE, the Civil Transactions Law No. 5 of 1985, which affirmed in its Article No. 282 that every harm to others obliges the perpetrator, even if not distinguished by the guarantee of damage, which is an explicit and clear article that guarantees the injured to receive compensation for the damage suffered by others to try to overcome the ordeal that the civil law shall assess the guarantee in all cases to the extent of the right of the injured from the damage and the loss of profit, Here we find that the legislator has taken every care to compensate the injured for the loss of benefit, but provided that it is a natural result of the harmful act, as well as Article 283 specified the types of damage and its controls so that compensation is not out of gratuitous enrichment at the expense of the one who caused the accident, and the legislator stipulated that the damage should be direct or caused, if it was directly necessary warranty and no condition for it, and if it occurred by causing, the infringement or intentional or the act is leading to damage .

The UAE legislator has also paid attention to a comprehensive statement of the unified vehicle liability insurance policy issued under the system of standardization of vehicle insurance policies in support of the decision of the board of Directors of the Insurance Authority No. 25 of 2016, because there is often confusion in the minds of non-dealers in the legal field about some concepts, the legislator has clarified some important terms in applying the provisions of the insurance policy, The insurance policy is defined as the unified insurance policy to insure the driver and the vehicle from civil liability towards third parties, under which the Insurance Company undertakes to compensate the third party when the damage covered by the policy and any supplement thereto occurs, which governs the relationship between the parties in return for the premium paid by the insured.

In the concept of the company (insurer), he explained that it is the insurance company licensed to operate within the state in accordance with the laws and regulations issued in the state and accepted the vehicle insurance and issued the policy, as it is not allowed for anyone or any entity to submit any written document and claim that it is an insurance policy, the legally required document must be issued by a licensed entity, otherwise the person responsible for causing the accident is considered to have no insurance to pay compensation for, and therefore he becomes the unit responsible for paying the compensation arising from the accident that caused it, as it came to define the insured, the driver of the vehicle, the uninjured, physical damage, material damage, types of vehicles, The additional supplement, the personal accident supplement and the limits of civil liability, in addition to all the provisions included in the unified vehicle insurance policy .

However, as specialists in law and Wrongful Death legal advisor, we have found that the amount of compensation awarded by the court varies from case to case and depends on several criteria, including :

The first criterion : the size and severity of the damage caused by the accident, the accident that led to an injury resulting in a slight disability , such as some deformation of the skin as a result of friction of the injured body on the road while driving a motorcycle, for example, is not equal to the injury resulting from the accident, which led, for example, to the loss of functional ability to procreate, walk or amputation of the hand.

The second criterion : the gender and age of the injured person at the time of the accident, the gender of the injured person, even if it is an immaterial criterion, but it clarifies to the judge at least if the injured person is sponsored or sponsored by others, the male worker who provides for his family's expenses, for example, it will certainly be understood by the judge that he is the main breadwinner of the family by virtue of human custom, and the age of the injured is an important element the ability of a young man, However, a young person will suffer from the injury for a longer period than an adult, or, for example, he is expected to be the breadwinner for his parents when they grow up .

The third criterion: the income that the injured person would have earned from his work had it not been for the injury, and this criterion comes as a complement to the previous criterion, to determine the length of time compared to the period for which the uninjured person will be able to work and produce sufficient income for him and his family.

The fourth criterion : the costs of treatment, where the judge takes into account when estimating compensation the expected cost of treatment that the injured person will need to recover is not complete in most cases, but at least be able to overcome the crisis that has affected him.

Also, as an Accident legal advisor, and because of our experience over almost a long period of time in this type of injury, we were able to understand the Judicial Policy and the mechanism of arranging and highlighting the details of current and expected future damages as a result of the accident, which enabled us to obtain very good judgments for our clients, according to which they received financial compensation estimated in millions in some cases to help the injured person overcome his ordeal and the injury suffered by him .

However, we must note that the types of bodily harm have a great place when estimating compensation for damage caused as a result of the accident.

The physical injury leading to immediate death, or death after a period during which the injured person's condition deteriorated due to the damage caused as a result of the accident has a great impact on those around the injured or the deceased and the amount of mental suffering that the injured Zoe or his heirs will receive as a result of their loss as a result of the accident , and here we must clarify that the heirs have the right to claim all material and moral damages resulting from the death of the injured as a result of their loss as a result of the accident. compensation is not limited only to the injured or it falls , for example , by his death, on the contrary, the UAE law has paid attention to the heirs of the deceased as an attempt to their only breadwinner, and helping them to meet the needs of the family, for example. And we have been able to obtain compensation for the heirs of the deceased in many cases, even if the deceased was the cause of the accident, in accordance with the provisions of the unified insurance policy in traffic accidents, as the legislator has set a basic compensation amount estimated at 200 thousand dirhams in the event of death, this other than the ruling has a legal debt estimated at 200 thousand dirhams also in case the death occurred as a result of the action of others.

Also, a non-fatal physical injury, as we have mentioned above, is, in the definition of the law, an injury that does not amount to the loss of a soul, but causes the injured person to be completely or partially disabled, and in this case the injury takes several forms, such as amputation of a member of the body and loss of its usefulness, gross mutilation that cannot be removed, disabling one of the senses completely or partially, and the loss of the body of one of the natural forces such as the ability to procreate .

Since the legal profession is a message before it is an honesty in the necks of legal professionals, we at THE BLACK ROBE FOR LEGAL CONSULTANCY AND DEBT COLLECTION , have resolved to provide Free Legal Advice Online via WhatsApp in Dubai, Abu Dhabi UAE, as the belief that not getting a lawyer specialized in traffic accident compensation cases will achieve the same result for the , While saving himself the lawyer's fees, is a completely wrong belief, the lawyer of the insurance company or the cause of the accident in some cases, will certainly appoint a lawyer to try to get a court ruling that will enable him to avoid paying compensation and will have enough experience to reduce the compensation to the lowest possible amount, or even evade payment or reject the claim for any reason, while in our company we will work to provide full and sufficient legal support for the client to stand up against the parties to the accident and the team of lawyers of insurance companies so as not to evade their responsibility as a result of the injured or his heirs not knowing what he deserves in accordance with the provisions of the law, enabling him to take firm position in his case and demand fair compensation, Reaching a satisfactory settlement for all parties without recourse to the judiciary .

Our legal team will also work to harness its experience and time to serve the case and the client, which starts from providing guidance and legal opinion on the case from the first consultation and honestly about the client's legal position in all its aspects, which is based on the amount of information related to the traffic accident, which was collected and studied from the file in addition to the accumulated experience of the legal team, so that our lawyers provide you with a comprehensive picture of the legal status of the case, the options available and possible actions to be taken.

Personal Injuries

- Many of us who are exposed to an accident or a certain circumstance end up injuring our body or losing a member of our body or part of it, and therefore we must compensate for the loss of benefit, as there are many forms and multiple types of forms of physical injury, and as the UAE legislator has organized several laws for reporting and compensation for physical injuries, and although the Civil Code and the Penal Code may overlap, but the issue of personal injury is not a criminal case on the face of it . However, the person who caused the injury may face criminal charges. For example, if the perpetrator was drunk, or it was the result of negligence, recklessness and intentional behavior, then all these images are one of the reasons for liability for personal injury.

- An explanation from us of one of the photos of the tort liability for bodily injury

1-negligence: it is the result of indifference, indifference and failure to evaluate things correctly and ends up causing him to fail to be careful.

2-recklessness : recklessness is considered the result of one of the forms of negligence, and acting recklessly is sure to end in harm, whether to the person causing or to others .

3-acting on purpose: it is the intentional behavior that intentionally harms another person. Such as assault and battery is for example .

- For example, if you suffer a physical injury as a result of the fault of others, the injured person must prove four things: the harmful act by leaving it, the damage, and the causal relationship between them, in a very short and simplified concept, the injured person must indicate that another person was the cause of his injury, the Causer is fully responsible for the accident of physical injury if his actions were the cause of the accident.

- Either if a person acted negligently and no one was hurt, then such behavior does not entail any monitoring of the responsibility of the Causer towards others, unless his actions led to an accident with injuries. Finally, the accident victim must prove the damage caused to her. He must state what he wants during the complaint, such as compensation, along with evidence to verify their claims.

- Examples of personal injury cases: some types of personal injury cases include:

1. assault, beating, burning, stabbing
2. car accidents, boat accidents

3-slip and fall accidents

4-defective products or have manufacturing defects

5-medical errors, medical malpractice

6-bites of third-party dogs

- Finally, as a Personal Injuries legal advisor, if you are exposed to one of the physical injury images referred to above, you must take the legal methods prescribed by law to prove your right, whether it is a criminal complaint or a civil claim.