Freek v Fulvia [2015] DIFC SCT 080 (23 June 2015)

Freek v Fulvia [2015] DIFC SCT 080 (23 June 2015)

The quotation constituted a binding contract accepted by the Defendant through conduct. The DIFC Courts have jurisdiction by virtue of the written agreement and the parties' conduct. The Defendant terminated the contract but failed to pay for goods supplied, and is therefore liable for the outstanding invoices.

Citation
[2015] DIFC SCT 080
Parties
Claimant: FREEK; Defendant: FULVIA
Jurisdiction
United Arab Emirates
Judgment Date
23 June 2015
Procedural Posture
Small Claims Tribunal / Judgment After Re Hearing
Outcome
Claim allowed
Legal Topics
Formation of Contract, Jurisdiction, Termination of Contract, Restitution, Payment of Invoices
Contract Law Commercial Law Formation of Contract Jurisdiction Termination of Contract Restitution Payment of Invoices

Case Brief

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Parties

FREEK

Claimant

FULVIA

Defendant

Procedural Posture

Small Claims Tribunal / Judgment After Re Hearing

Legal Issues

  1. 1 Whether a binding contract existed between the parties
  2. 2 Whether the DIFC Courts have jurisdiction
  3. 3 Whether the Defendant is liable to pay the outstanding invoices

Ratio Decidendi

The quotation constituted a binding contract accepted by the Defendant through conduct. The DIFC Courts have jurisdiction by virtue of the written agreement and the parties' conduct. The Defendant terminated the contract but failed to pay for goods supplied, and is therefore liable for the outstanding invoices.

Court Disposition

Claim allowed

Orders

  • Defendant’s application to contest jurisdiction is denied.
  • Court has jurisdiction to hear and determine the claim.