"Abu Dhabi Commercial" ruled to terminate the contract and compensate him with one million dirhams

An institution that eliminates a Gulf dream that created the “Social Media” platform

• The court confirmed that the contract is the law of the contracting parties and may not be revoked.

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• Lawyer Ali Al Hosani: “The Foundation created the platform in a different way, and did not address several technical problems.”

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An innovator (Khaleeji) designed a new social networking platform, and assigned it leading specifications, and agreed with an institution specialized in providing electronic solutions and services to implement the platform, in addition to designing a touch keyboard that is linked to smart devices, but the institution violated the agreement and the design was flawed, which prevented the goal from achieving From him, he filed a lawsuit, which is new of its kind.

After considering the case by the Abu Dhabi Commercial Court of First Instance, it decided to rescind the first contract concluded between the plaintiff and the Electronic Services Corporation and obligate it to refund the sum of 183,000 dirhams and the delayed interest on the amount awarded at 1% annually, and to rescind the second contract related to the device and oblige the defendant to refund the amount of 600,000 dirhams. and with a delayed interest at the rate of 1% annually, and obligating the defendant to pay the plaintiff an amount of one million dirhams as compensation, in addition to expenses and attorney fees.

In detail, the representative of the plaintiff, Lawyer Ali Khalaf Al Hosani, said that his client was hoping to make a qualitative leap in the world of programming and digital control devices, so he contracted with an institution specialized in designing information network websites, social media applications, and electronic hardware systems and software to implement two pioneering technical projects; The first: a social networking platform that carries creative features and combines the best specifications of other social networks. It supports publications, whether written, images or video, in various interests and fields. It allows following news, adding friends and communicating with them. It can be downloaded and played on Android and Apple systems.

He added that his client had agreed with the institution (the defendant) to establish the platform within three months, in addition to its management and maintenance during the contract period, with all its expertise and capabilities being harnessed to market the program in the best possible way without the plaintiff bearing any financial cost for advertising, management or protection, provided that these are deducted The cost is then from the profits of the project, and each of them shares the ownership of 60% for the innovator and 40% for the company.

He added that the plaintiff committed to paying the amount agreed upon in the contract, which is 140,000 dirhams, and also paid an additional amount (another 43,000 dirhams) in excess of the agreed upon, indicating that the institution did not abide by the agreement, so the platform was established in a different way and did not address several technical problems that appeared in the design. What lost the application its essence and purpose of its establishment and prevented it from being accepted by the public, and the institution also breached its duties related to the implementation period and maintaining confidentiality and protection.

Al-Hosani indicated that the second contract was concluded between the two parties to design and program a control device that is a touch keyboard, which is linked by Bluetooth technology with various smart devices, and the device works in conjunction with a phone holder so that a person can write or use the keyboard without the need to hold the phone in his hand .

He explained that the company pledged to implement the project according to the contract within six months, and accordingly obtained an amount of 600,000 dirhams in six payments. , which left his client disappointed and huge financial losses, especially as he offered assistance through an expert in marketing the project and presented it to major European companies, but his request was ignored by the defendant institution.

In the ruling, the court confirmed that the contract is the law of the contracting parties and may not be revoked or amended except with the consent of the parties or for reasons determined by law, and that contracts must be implemented in a manner consistent with what is required by good faith.

And she added that she is not obligated to return the task force to the expertise whenever it finds in the completed report enough to form its belief, and it is committed to the limits of its mission without obligating him to a specific method in preparing his report, as long as it is in accordance with the established principles and principles, and the case is settled in the interest of the plaintiff.

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