Session on Tuesday, 3 September 2024
Headed by Judge / Shihab Abdulrahman Al-Hammadi, ‘President of the department’ and with the membership of Judges / Al-Hassan Bin Al-Arabi Faidi Sabri Shams Al-Din Mohamed
(1-4) Contracts ‘Labour Contracts: Contracting contract: Contractor's Obligations’. Defence ‘Substantial defence: must be answered by the trial court’. Compensation ‘Permissibility of compensation for future, certain harm?’.
1. The fundamental defence must be answered by the trial court on special grounds. Failure to do so will result in a judgement devoid of reasons.
2. The contractor's liability for warranty is realised by the appearance of a defect in the execution of his works. The reason for this is to consider his obligation to guarantee the defect as an obligation to achieve an end and not an obligation to exert effort. Consequently, it is sufficient for the employer to prove the defect in the contractor's execution of the contracting works without proving his fault unless the latter proves that the damage is due to force majeure or a foreign cause.
3. Compensation for future, c...