Misrepresentation
The United Arab Emirates and English laws may be viewed similar regarding the case of misrepresentation since they serve the same purpose. However, they vary in both theory and practice. There are numerous perceptible differences that need to be described which include variation in definition and application of misrepresentation and cancellation of a contract.
To start with, the term misrepresentation is defined by the UAE law differently than the English law. According to article 185 of the Civil Code, UAE defines misrepresentation as “Misrepresentation is when one of the two contracting parties deceives the other by fraudulent means by word or act which leads the other to consent to what he would not otherwise have consented to”; in English law, misrepresentation refers to “The issuance of a false statement or information which acts as the basis for the other party to sign a contractual agreement.” With respect to the English law, a complainant’s case is categorized as void if not proved that a false statement, fact or information was provided while signing the contract. Furthermore, English law continues to claim that the use of lies or dishonest promises during the process of entering into a contractual agreement is not equivalent to misrepresentation. Therefore, a statement that is rather factual should be suggested. Another element that is not considered an argumentative fact is an individual’s intention. For English law, the complainant must prove that there was complete reliance upon a given form of misrepresentation that took place while entering into the contractual agreement. The UAE law has quite dissimilar provisions regarding those matters. Unlike the English law, the UAE law does not identify with negligent misrepresentation, which is defined, according to Wikipedia, as “(a) failure to exercise the care that a reasonably prudent person would exercise in like circumstances.” It can also mean carelessness rather than intentional harm. To the
To start with, the term misrepresentation is defined by the UAE law differently than the English law. According to article 185 of the Civil Code, UAE defines misrepresentation as “Misrepresentation is when one of the two contracting parties deceives the other by fraudulent means by word or act which leads the other to consent to what he would not otherwise have consented to”; in English law, misrepresentation refers to “The issuance of a false statement or information which acts as the basis for the other party to sign a contractual agreement.” With respect to the English law, a complainant’s case is categorized as void if not proved that a false statement, fact or information was provided while signing the contract. Furthermore, English law continues to claim that the use of lies or dishonest promises during the process of entering into a contractual agreement is not equivalent to misrepresentation. Therefore, a statement that is rather factual should be suggested. Another element that is not considered an argumentative fact is an individual’s intention. For English law, the complainant must prove that there was complete reliance upon a given form of misrepresentation that took place while entering into the contractual agreement. The UAE law has quite dissimilar provisions regarding those matters. Unlike the English law, the UAE law does not identify with negligent misrepresentation, which is defined, according to Wikipedia, as “(a) failure to exercise the care that a reasonably prudent person would exercise in like circumstances.” It can also mean carelessness rather than intentional harm. To the