Tag: Case and Fatwa Summary

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Intel

Case Summary: Supreme Court (Commercial Circuit B) Contestation 787/2021 (Compensation Quantification Methodology in Commercial Disputes)

In a copyright infringement dispute, the Supreme Court set aside a judgment awarding compensation for copyright infringement due to the failure of the trial court to base the compensation amount on a quantification methodology that takes into account the damage suffered as a result of the copyright infringement.

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Intel

Case Summary: Supreme Court (Commercial Circuit B) 652/2021 (Assignment of Jurisdiction to Non-Omani Courts by Contract)

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Intel

Case Summary: Supreme Court (Labour Circuit) Contestation 856/2020 (Retention of Rights by Employees Transferred to a New Employer Pursuant to Article 48bis of the Labour Law of 2003)

The Supreme Court held that signing a new contract with an employee transferred under article 48bis of the Labour Law of 2003 is invalid if the contract provides less favourable treatment than that enjoyed by the employee with their previous employer.

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Intel

Case Summary: Supreme Court Contestation (Commercial Circuit B) 444/2021 (CBO Covid-19 Circular as Force Majeure Event)

The Supreme Court held that a Covid-19 related circular issued by CBO—after the Court of Appeal in Sohar issued its judgment—is a force majeure event that requires setting aside the previously issued court judgment.

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Intel

Fatwa Summary: MJLA Fatwa 212744737 (Oman Housing Bank VAT Exemption)

The Ministry of Justice and Legal Affairs (MJLA) held that the Oman Housing Bank, a government-owned enterprise under the Oman Investment Authority, is exempt from value added tax (VAT).

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Fatwa Summary: MJLA Fatwa 212746193 (Applying Civil Transactions Law to Contractual Rights)

The Ministry of Justice and Legal Affairs (MJLA) confirmed the right of the employer under the Standard Contract for the Construction of Buildings and Civil Works to replace a contractor with another if the first contractor goes bankrupt in accordance with article 63-1 of the Standard Contract. The MJLA noted that the exercise of this right can be restricted by the provisions of article 59 of the Civil Transactions Law, but determined that none of the cases of article 59 applied in this case.

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Fatwa Summary: MJLA Fatwa 212743438 (Contract Succession between Government Entities)

The Ministry of Justice and Legal Affairs (MJLA) deemed that the allocation of a government building to a government entity does not automatically make that government entity a party to a construction contract relating to that building when another government entity has been explicitly assigned the obligations relating to this contract by royal decree.

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Fatwa Summary: MJLA Fatwa 212743851 (Contract Value Revision)

The Ministry of Justice and Legal Affairs (MJLA) adopted a literal interpretation of article 52-3 of the Standard Contract for the Construction of Buildings and Civil Works, Fourth Edition 1999 stipulating that the contractor is entitled to a revision of the contract value if the cumulative value of the variation orders exceeds 10% of the original contract value.

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Case Summary: Supreme Court (Commercial Circuit A) Contestation 591/2021 (Joint Liability of Contractors and Engineers for Construction Defects)

The Supreme Court confirmed that both the contractor and the engineer are jointly liable for defects in a construction project for a period of ten years from the completion of the project, irrespective of what the contract says, in accordance with articles 634 and 635 of the Civil Transactions Law.

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Case Summary: Supreme Court (Criminal Circuit) Contestation 818/2021 (Liability of Food Delivery Platform)

The Supreme Court held that Talabat is a "supplier" for the purposes of the Consumer Protection Law, and therefore, Talabat is liable towards the consumer for the failure of a restaurant to deliver food to a consumer.

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