Naima v Nadine [2024] DIFC SCT 112 (13 May 2024)

Naima v Nadine [2024] DIFC SCT 112 (13 May 2024)

The Defendant is liable for the full annual membership fee because she accepted the terms and conditions, which clearly stated a minimum one-year commitment, and the right to payment survives cancellation as per the contract.

Citation
[2024] DIFC SCT 112
Parties
Claimant: Naima; Defendant: Nadine
Jurisdiction
United Arab Emirates
Judgment Date
13 May 2024
Procedural Posture
Small Claims Tribunal / Judgment
Outcome
Claim allowed
Legal Topics
Digital Contracts, Membership Agreements, Subscription Terms, Accrued Rights, Cancellation and Termination Clauses
Contract Law Digital Contracts Membership Agreements Subscription Terms Accrued Rights Cancellation and Termination Clauses

Case Brief

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Parties

Naima

Claimant

Nadine

Defendant

Procedural Posture

Small Claims Tribunal / Judgment

Legal Issues

  1. 1 Whether the Defendant is liable to pay the annual membership fee despite cancelling membership early
  2. 2 Whether the Defendant was bound by the digital agreement and terms and conditions

Ratio Decidendi

The Defendant is liable for the full annual membership fee because she accepted the terms and conditions, which clearly stated a minimum one-year commitment, and the right to payment survives cancellation as per the contract.

Court Disposition

Claim allowed

Orders

  • The Defendant shall pay the Claimant AED 2,220.
  • The Defendant shall pay the Claimant the DIFC Courts’ filing fee of AED 367.25.