Assignment
Read the documents and then answer the questions based on them. You need to explain your answer.
PART I: UAE Legal System
Go to:
See the attached document from the Parliament of the Commonwealth of Australia, Australian Parliament House of Representatives Joint Standing Committee on Northern Australia:PIVOT NORTH Inquiry into the Development of Northern Australia: Final Report, September 2014 Canberra © Commonwealth of Australia 2014, Submission 147: Attachment I. Answer the following questions on this document and on the course material.
- Who wrote this document and why?
- What is a special economic zone and why is it created?
- What is the difference between a special economic zone and a free trade zone in your words?
- According to this document, list the different types of special economic zones.
- Why does the Iskandar development region in Malaysia target “value-added and knowledge intensive industries”?
- Compare the advantages of the Shenzhen zone in the document with those of the Dubai Airport free zone.
- Compare the goals of the UK zones in this document with those of the UAE zones.
- Explain why the UAE have been much more successful than Australia in establishing free trade zones and attracting foreign investment (minimum 350 words excluding references).
- How many free zones are there in the UAE, where are most of them located and why?
- What laws and types of laws create and regulate free zones in the UAE?
- What authority(ies) make(s) federal laws in the UAE and how?
- Does the UAE Constitution regulate free zones and if it does what rule does it have on them?
- What are free zones authorities in the UAE and what do they do?
- What are the advantages of free zones for businesses compared with the mainland of UAE?
- From what legal system do free zones rules generally come and why?
- Does UAE criminal law apply to businesses operating in free zones and why or why not?
- Why is the UAE Federal Law by Decree No. (19) of 2018 Regarding Foreign Direct Investment a threat to free zones?
- Does Sharia law apply in free zones and why or why not?
- How do free zones serve the UAE 2021 Vision?
PART II: Formation of the Contract
Go to:
https://www.stalawfirm.com/en/blogs/view/letters-of-intent-in-the-uae-the-law.html and read the article ‘Overview of Letters of Intent’
- Who wrote this document and why?
- To what particular industry (retail, health care etc.) is the author referring?
- Is it referring to a nominate or an innominate contract and why?
- What are ‘letters of intent’ in this article?
- What do the UAE courts generally consider the legal effects of those documents would be and are there exceptions?
- How does the concept of essential elements of the contract relate to determining if a contract has been concluded or notand what article of the Federal Law 5 of 1985 governs this?
- What are the specific advantages to the industry contemplated by the author to using letters of intent?
- What are the effects of articles 259 and 260 on how an offer needs to be understood (refer to the Toy Yoda and Harrier Jet PepsiCo cases)?
- What are the elements of a binding contract in UAE law?
- What is the legal concept of ‘consideration’ and is it a requirement of a binding contract in UAE law?
- If a letter of intent states that it is a document without legal effects will the courts respect that statement?
- What is a ‘standard form contract’? (see http://fidic.org/bookshop/about-bookshop/which-fidic-contract-should-i-use and http://fidic.org/sites/default/files/18%20int_construction_law_feb04.pdf)
- Why did the Dubai Court of Cassation in its 240/2006 case decide that a letter of intent was binding?
- Is it the offer or the acceptance that contains the whole contract and why?
- Why does an offer need to be certain, unambiguous?
- Explain the difference between an offer and an invitation to make an offer.
- Can an offer be cancelled and in what conditions?
- How does the general contract principle of good faith apply to letters of intent?
- Why do you think major companies still use memoranda of understanding or letters of intent despite the legal risks attached to them? (minimum 350 words excluding references)
