BUS 301 - Business Law Assignment: Common and Civil Law Analysis

This report analyzes the differences and similarities between common and civil law systems, with a specific focus on the legal framework of the United Arab Emirates. Task 1 explores the sources and evolution of both legal systems, highlighting the UAE's civil law foundation influenced by French and Egyptian law, while also acknowledging the influence of Sharia law and the right to freedom of contract. The report contrasts the codified nature of civil law with the precedent-based common law. Task 2 examines two scenarios based on contract law, evaluating whether an advertisement constitutes an offer, acceptance, and consideration in the first scenario and whether a security guard is entitled to extra payment in the second. The analysis applies legal principles to determine the validity and enforceability of contracts under UAE law, referencing relevant contract law principles and employment law. The report concludes with a discussion on the practical implications of these legal systems in business contexts.

Running head- BUSINESS LAW
Business Law
Name of the Student
Name of the University
Author Note

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Task 1
Introduction
The legislative framework of “The United Arab Emirates” is grounded upon the
structure laid in the “Constitution” of the “United Arab Emirates”. This structure is a duo
structure as it consists of both the civil and the common law courts, along with a Supreme
court that is centered at Abu Dhabi. Discrete to Britain and additional countries where
preceding court rulings are frequently cast-off as lawful precedents, the UAE does not depend
that much on standards, though occasionally, the decisions of upper benches can be
pragmatic by the other subordinate courts (Dhabi, 2016). In cases where the legal guidelines
do not cover detailed issues, the court will give the verdict based on the Sharia Law that is the
Islamic Jurisprudence that is used for the interpretations in UAE laws. The primary aim of
this essay is to understand the similarity and the difference between the civil law statute and
the common law statute followed in UAE (Saleem, 2015).
Evolution
The establishment of the UAE authorized structure enhances the support to the
procedures and guidelines functional by the UAE and its numerous establishments, which
industries come across on an everyday base when operational in the UAE. Accordingly, to
comprehend the similarities will support obstacles to be dazed and for trades to be organized
in a way that will be best for the utilization of the legislations (Falaknaz, 2016). The UAE is a
“civil law” rule provided under the “UAE Constitution”. The Constitution is influenced by
the French and Egyptian law, and have the domain over many other Middle Eastern
authorities. The UAE Constitution arranges for the lawful agenda for the alliance. It generates

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a partition in power between the alliance as an entire and each discrete Emirate, that is
observed as follows:
Federal rules and guidelines: These are related to all of the Emirates transversely. The
centralized administration has elite authority over specific regions comprising resistance,
imported dealings, occupation, and business law. Common laws and guidelines can be
conceded by the administration of every distinct Emirate regarding materials not protected by
the civil laws or the Centralized Laws.
The Constitution recognized the federal legislative structure as the Supreme Court at
Abu Dhabi. The “Dubai legal system” has its own “Main Instance Courts which is made up
of different Judicial Circuits: civil court, commercial court, personal status court, labor court,
and real estate court, Court of Appeal, and the Court of Cassation, which acts as the highest
court in the Emirate.” (Raja & Kostyuk, 2015)
Similarity and difference:
The Civil Law domain and the common Law Domain both are having different
aspects. Civil law generally reveals the categorized arrangements of regulation; the
significance is upon the fact that in a scenario when a specific legal standard is observed,
such legislations are codified in a written form reasonably than in a common-law influence.
In common law practice, such legislative guidelines are not built on a solo-codified portion of
the law, but as an alternative, a combination of legislature conceded by an administration and
the jurisdictive understanding of the courts. This final point describes that in “common law
dominions,” the courts have a substantial part in determining the method in which the rule is
understood, however in “civil law dominions”, the bench is there to institute evidence and
relate them to the explicit rule applicable to that dispute.

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There are positive as well as the negative sides to both the systems that are defined
below in the following points. The characteristics of the civil law are stated codified laws,
interpretation of the statues are strict, and the legislations are not binding upon the citizens,
whereas the common law varies from the civil laws based on the statutes mentioned, case
laws, and the opinion of the jury. The interpretations are significant as the statues mentioned
are specific, and even the precedents and the law mentioned work as a binding upon all the
citizens.
Mentioning the given requirement of the UAE as a universal hub for trading, it was
renowned that trades predominantly from the background of the common law might desire to
have the rigidity to arrive into votive preparations overriding their UAE transactions, that are
ruled further than by UAE rule and the authority of the UAE judges. Subsequently, although
the UAE follows the civil law domain, it also identifies the right of “freedom of contract.” It
states that numerous predetermined appointments that are not forbidden from being ruled
other than the legislation of UAE that is upon the “employment law, real estate and registered
commercial agency agreements.” Parties entering into such contracts in the UAE are
frequently ruled under the English law or the common law that can supreme been understood
as the rule of avoidance for numerous intercontinental contacts with disagreements that are
not heard before the UAE courts, but over “international arbitration” or the “common law
courts” of the “Dubai International Financial Centre.” where chronicles generally trail the
Common Law Procedures (Grose & Shlah, 2015).
“Shari’a law” is derivated from the “Sunnah and the Holy Quran” (the teachings,
conducts, and maxims of the “Prophet Muhammad.” It delivers customary guidelines and
supervision to rule all phases of lifetime comprising the delicate materials, morals, and even
occupational associations and exchange. Nevertheless, the significance of Shari’s Rule, it is
significant to understand that Shari’a Rule is the lone foundation of regulation in the UAE,

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and not “the” basis of law. Its use in preparation in the UAE is incomplete to used as directs
the courts once there is no detailed regulation on a matter. It includes matters such as various
personal matters, and the commercial matters are covered under the Islamic Sharia Law.
Attainment to clutches with all of the earlier matters, and having mindfulness of the identical
in your future occupational contacts will eventually be of advantage, principally when joined
with practical, profitable lawful information (Grassa & Gazdar, 2014).
Conclusion
In conclusion, it is stated that apart from all the variability in common and the civil
laws, the common factor is the usage that is used to regulate the various fields in the
functioning of the society. So in the past years, with the development in society, the usage of
the laws has evolved. Hence apart from the differences the usage of both the laws has been
significant in the specific fields with the usage of such laws.
Task 2
Scenario A : Contract not Obligatory
In the given scenario, the advertisement posted by Acne superstore was a proposal or
an invitation to offer. As per the Contract Law of UAE, the party must fulfill the conditions
of a valid contract (Al Enizi & Sharaiyra, 2019). As per the requirement s of the contract,
there shall be a proper offer that is clearly stated in an oral or written way, an acceptance in a
vocal or a written way, a consideration, and a legal intention to make the contract a valid one.
Following the circumstance, Belinda proposed to buy the television after seeing the ad but
later fund the claim that the company made was false. However, in this scenario, all the
conditions necessary to fulfill a contract were not present. The ad clearly stated that if any
customer gives them a notice in writing about buying the television at a cheaper rate on the

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same day within five-mile of the store, then they will refund twice the amount of the money.
This statement is considered as the conditions upon which Belinda has agreed to buy the
television. However, there was no such notice from the side of Belinda on the day of
purchase even she found out the other shop one week later. So informing the store one week
later will not help get the refund as it was clearly against the conditions of the contract. So, in
this case, the contract can not be made obligatory upon the store to refund the amount.
Scenario B: Entitled to get the extra amount
In the following scene, he is entitled to get the extra amount as promised by the
company. Upon the circumstance in the given scenario, there was a proper consideration
from the part of the security guard as he was working extra. Although he did not demand any
money previously though he will be entitled to get the extra payment. First of all, the
company employed two security guards, among which one of them suddenly takes a week
off, so the burden of the work fully falls upon the security guard who was working extra. It
required him an extra effort . and seeing the efforts the company had promised to pay him to
double than his wage, so with that guarantee, he continued to provide his service to the
company and had not stopped. So it was a liability upon the person employed him. Upon the
guarantee provided by the company, the security guard continued to work. So when at the
end of the week it was his earning that the company was liable to pay him. So as per the
provision mentioned in the employment and the labor law, an employee is eligible to get any
consideration promised by the employer as per his service provided to the employer, and the
employee is bound to provide the promised consideration to the employee in return of his
services (Malit Jr & Naufal, 2016). So, in this case, the security guard will be entitled to get
the extra amount from the company.

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Reference
Al Enizi, Z. K., & Sharaiyra, S. W. (2019). Online Sales Contracts: A Study of the UAE
Law. Journal of Legal, Ethical and Regulatory Issues.
Dhabi, A. (2016). United Arab Emirates. Countries and Territories of the World, 444.
Falaknaz, S. A. (2016). Types Validity of Arbitration Agreement Under United Arab
Emirates Law (Doctoral dissertation, The British University in Dubai (BUiD)).
Grassa, R., & Gazdar, K. (2014). Law and Islamic finance: How legal origins affect Islamic
finance development?. Borsa Istanbul Review, 14(3), 158-166.
Grose, M., & Shlah, R. (2015).Contract Law in Qatar and the United Arab Emirates: Key
Differences. Turk. Com. L. Rev., 1, 189.
Malit Jr, F. T., & Naufal, G. (2016). Asymmetric information under the Kafala sponsorship
system: Impacts on foreign domestic workers’ income and employment status in the
GCC countries. Labor, 54(5), 76-90.
Raja, K., & Kostyuk, A. (2015). Perspectives and obstacles of the shareholder activism
implementation: A comparative analysis of civil and common law systems. Corporate
Ownership and Control, 13(1CONT5), 520-533.
Salem, H. L. (2015). The Adaptability of Adjudication in the UAE from the Perspective of
Islamic Shariaa and Civil law (Doctoral dissertation, The British University in Dubai
(BUiD)).