A woman requests 100 thousand dirhams in compensation for “gift boxes”

The Ajman Federal Court ruled to reject the lawsuit of a woman who demanded 100,000 dirhams in compensation from a company that did not fulfill the supply of gift boxes that it had contracted with her, as the court found that the plaintiff was unable to prove the elements of contractual liability and provide evidence regarding the contract with the company.

In detail, a woman filed a lawsuit against a company in which her ex-husband is a partner, demanding compensation for material damages she suffered as a result of the company’s failure to implement the supply of 150 gift boxes that had been agreed upon according to an invoice, which stipulated the manufacture of 150 gift boxes with a total value of 5,750 dirhams, according to the plaintiff. The company’s failure to supply led to the cancellation of contracts with its customers, in addition to returning the money to customers, due to the unavailability of the goods that were contracted for, which caused it losses. This is huge, and it misses out on commercial opportunities.

In her lawsuit, the plaintiff submitted documents, including scanned copies of invoices related to agreements with the company, which included the supply of gift boxes of different styles and sizes at a value of 5,100 dirhams, while part of it was paid for at a value of 4,600 dirhams. She also presented a copy of an invoice related to the supply of 150 gift boxes, but the plaintiff was unable to From receiving it.

On the other hand, the defendant company presented a defense in which it called for the lawsuit to be dismissed, considering that the case was malicious, since the plaintiff is divorced from one of its partners. The defendant explained that the plaintiff failed to prove that real losses occurred as a result of terminating her contracts with clients, and that she was unable to prove the causal relationship between Failure to implement the supply by the company and the losses it claimed.

Based on the evidence and defenses presented by both parties, the court decided in its ruling to reject the lawsuit, considering that the plaintiff was unable to prove the elements of contractual liability, and in particular, she was unable to prove the existence of a causal relationship between the company’s failure to supply gift boxes and the material damages she claims, and that It is established that the plaintiff did not pay the amount due on one of the bills, which weakens her position in the lawsuit.

What was proven by the court was the plaintiff’s acknowledgment that the defendant had committed to supplying gift boxes according to the invoice, as it was fully implemented before the plaintiff contracted with her client, and thus the plaintiff’s needs were covered in this contract. As for the second invoice based on which the plaintiff claimed compensation, It was proven that their date was subsequent to the plaintiff’s contract with her client, which means that it was necessary for the plaintiff to secure the empty boxes before or shortly after concluding the contract.

The court stated that the invoice on which the plaintiff relied came a full month after the date of the contract with the customer, so the defendant cannot be held responsible for the damage claimed by the plaintiff due to her inability to fulfill her first obligation. In addition, the plaintiff did not provide evidence of her fulfillment of her obligation related to that invoice, which is He paid 5,750 dirhams for the empty boxes.

The plaintiff’s decision to terminate her contract with her client cannot be considered a direct result of the defendant’s delay in supplying the second invoice, as it has not been proven that there is a direct causal relationship between this termination and the supply of the invoice. Based on the above, the court decided to reject the lawsuit and oblige the plaintiff to bear the legal fees and expenses. .