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elevision service. Mariam owns a small restaurant and plans to use the dish and

ID: 435710 • Letter: E

Question

elevision service. Mariam owns a small restaurant and plans to use the dish and cable service in her restaurant, The contract provided that she pay which she would receive 12 months of television service through the satellite dish at no charge. After 12 months, in order to receive continued service, she would have to pay the company's regular monthly charge of AED. 610 or her dish would be disabled. The dish is specially manufactured such that it can receive only the signals provided by the company that provided her with the dish. The company installed the dish in Mariam's restaurant as provided in the contract. For the first couple of months, Mariam was happy with the service. It was less expensive than regular cable television and the quality of the picture was superior. In the fourth month of the contract, Mariam began having problems. First, AED. 2000 for the dish, after the dish became slightly warped. Second, the signals received by the dish began to fal frequently, at least once every week when restaurant customers wanted to watch television. Mariam assumes the signal fails at other times when patrons are not watching. The ing of the dish appears to have affected the quality of the picture. Mariam had a friend hold the dish and push it into its original shape while Mariam watched the television, and the picture improved as long as the friend held the dish. The company refuses to address Mariam's complaints. (KN 3:5 marks) Question: What is the legal solution for Mariam? Explain law of sales and consumer laws in the Middle East and examine risks in this specific case. 2

Explanation / Answer

Risk: No implied warranty

Mariam can get a legal solution only if there is a warranty for the product. UAE laws do not compensate buyers basis implied warranty. It is a term for oral or written assurances that a product is merchantable or fit for the purpose. It implies that the product conforms to an ordinary buyer's expectation. There is no duration for implied warranties but limitations in state statutes of countries across the world keep the implied warranty term for four years.

UAE federal law that can apply

Product Liability

Federal Law no. 24 of 2006 on Consumer Protection, Amended by Federal Law Number 7, 2011

The legislation relates to product liability in the United Arab Emirates. The law has set up the consumer protection department charged with the supervision of execution of policies relating to the regulation of competition and the management of consumer complaints (Article 4), and, consumer protection.

The law lists the standards of safety & quality expected of the products and obligations the suppliers must abide by.