Breach of Property Contracts in UAE

1
Breach of Property Contracts in UAE

• HHS Lawyers and Legal Consultants

2
General Requirements for a Breach of Property

• A breach of contract suit must meet a few
  requirements before it will be upheld by a court,
  and they are as follows
• The contract must be valid. It must contain all
  essential contract elements as per law. A
  contract isnt valid unless all essential
  elements are present, so without them, there can
  be no lawsuit.
• The party whos suing for breach of contract must
  show that the defendant did indeed breach the
  property agreements terms.
• The party who is suing should notify the
  defendant of the breach before proceeding with
  filing a lawsuit. A notification made in writing
  is better than a verbal notification because it
  offers more substantial proof.

3
Some of the Common Reasons for the Breach of
Property Contract

• Fraud Fraud is a misrepresentation of the truth
  or concealment of material facts in the contract
  to induce another to act to his or her detriment.
  When a defendant presents this defense, theyre
  saying that the contract isnt valid because
  the plaintiff failed to disclose something
  important or because they made a false statement
  about material or important fact. The defendant
  must establish that the fraud was deliberate.
• Undue influence when one party had a power
  advantage over the other and that they used that
  advantage to force the other to sign the
  contract.
• Mistake An error committed by the defendant
  cant invalidate a contract and take away a
  breach of contract case, but if the defendant can
  prove that both parties made a mistake about the
  subject matter, it might be enough to invalidate
  the contract and this would serve as a defense.
• Time limitations Many types of cases have time
  limits imposed by law, deadlines by which a case
  must be brought and filed. A breach of contract
  case can be void if the defendant can show that
  the statute of limitations has expired. The
  statute of limitations cases is based on time
  frames that are set by local laws.

4
Remedies for Breach of Property Contract

• The most common remedy when one party is found to
  be breaching a contract is a monetary payment.
  Some other common remedies include
• Damages  Damages are amounts of money that
  compensate the victim for any actual loss
  suffered. Punitive damages involve extra money a
  court might tack on as a form of punishment if
  the breach of contract was particularly egregious
  and intentional.
• Injunction An injunction is an order by
  the court that requires the guilty party to stop
  doing whatever action is causing damage to the
  other.
• Lawsuit A court might also order the rescission
  of the contract. Sometimes the plaintiff has been
  so badly damaged by the breach that the injured
  party is allowed to rescind or terminate the
  deal.

5

• Specific performance specific performance is a
  decree by the court to compel a party to perform
  the contractual obligations. Such a remedy is
  sought where damages are not an adequate remedy.
• As per law, specific performance will not be
  ordered if the contract requires performance or
  constant supervision over a period of time and
  the obligations in the contract are not clearly
  defined.
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