Gulf Regional Legal Environment of Business - Essay Example

?Gulf Regional Legal Environment of Business 2 Table of Contents Introduction 3 Discussion 4 Importance of Law to the Society 4 Sources of Law 5 Analysis of the Case Based On Tort Law 5 Findings and Conclusion 8 References 9 Introduction The aspect of law is principally defined as a set of regulations which guides societal conducts and is enforceable through public agencies. It is also acknowledged as a procedure of guidelines as well as rules which plays an imperative part in governing the activities of the individuals of a particular community (Tischler, 2010). In this context, the legal structure of the Gulf Region is comprised of absolute executive, legislative as well as judicial authorities that are established by the central government of the member countries of the Gulf Region. There lies the presence of Sharia courts especially in the Gulf Region along with the existence of civil courts which help to preserve the law and order of the region (WSG, 2012). The various purposes of law which is prevalent in the Gulf Region include promoting the aspect of social justice, serving as a moral guide for the citizens, assuring personal freedoms and most importantly preserving law and order. The concept of business law is described as the enforceable rules and guidelines of conduct which administer the activities of the buyers as well as the sellers in business market exchanges (The McGraw-Hill Companies, n.d.). In relation to the business law, it has been viewed that there lies the broad accessibility of arbitration procedures which are encouraged as a way of finding resolution for any sort of disputes relating with the aspect of business law especially in the Gulf Region (WSG, 2012). In this paper, the concept of law as well as its importance to the society along with its various sources will be taken into concern. Moreover, a complete analysis of the case study on the basis of the concept of Tort of Law will be portrayed in the discussion. Discussion Importance of Law to the Society The major importance of law to the society is that it provides the enforcement power to the state in order to administer the behavior of the individuals belonging to any particular society. The different laws act as a formal based system of social control which exercises their absolute power at the particular time when there lies the non-effectiveness of the informal forms of social control (Tischler, 2010). The other crucial significance of law to the society is that it keeps the society running. Moreover, in the absence of law, there lies immense probable chance of occurring chaos as well as conflicts between the various social groups of a community. The introduction as well as the application of the various laws facilitates to preserve the orderly form of the society and also to keep the world safe by a large extent. The role of law has been viewed to be a system of rules as well as regulations which emphasize upon the directive of maintaining the interrelation between the people along with their conflicting interests. With the non-appearance of any sort of established laws in the community, people would be free to take various decisions on the basis of their own ideas which can ultimately raise social conflicts considerably (Raz, 2009). Sources of Law Generally, the various sources of law include formal as well as material sources. In this regard, the formal sources are viewed to be the sources from which the law attains its force as well as validity. Conversely, the material sources of law refer to the different procedures which give rise to the evolution of the materials that are viewed to be the significant components of law (Dixon, 2007). In this similar context, it has been viewed that the different law sources especially in the Gulf Region include the Islamic law, Constitutional law and Legislation. The other law sources in the Gulf Region comprise the establishment of Abu Dhabi Court Law, Sharjah Court Law and Social Security Law among others. The Sharia courts are viewed to be the principal law source in various member countries belonging to the Gulf Region (Emory University School of Law, 2010). Analysis of the Case Based On Tort Law The concept of Tort law is considered to be the law which offers lawful remedies to the individuals who are harmed by the unreasonable activities of others. This particular law often involves the state law as well as civil suits in order to defend the private rights of the individuals. It has been viewed that there lies two major categories of torts which include negligence tort and intentional tort. In this regard, the aspect of intentional tort is the offenses which are committed by a particular individual who intends as well as attempts to make harm. In contrast, the notion of negligence tort is a kind of tort which leads to injury without any expectation or intention (CECP, n.d.). The idea of Tort Law is viewed to be a branch of law which covers any sort of civil wrongs and possesses significant elements. The important elements of Tort law include a protected interest, a solution for any wrongdoings and a system based on ethical rules as well as principles (Harlow, 2005). One of the imperative facets of Tort law is to provide solution to the problem against any misdoings to a particular person by reimbursing them with monetary damages as compensation (Edgar, 2008). After acquiring a brief idea about the concept of Tort law, the case can be regarded as the negligence type of tort. In other words, it can be stated that the case may be viewed as the negligence category of tort because the act that has been presented in the case led to severe damage which is neither expected nor intended. According to the case, the damage occurred due to the negligence of the owner of the building in which the person neglected his duty or standard of care. The owner of the building is the only responsible person because due to his negligence, Mr. Omar lost his 1 year-old son. It has been recognized in the case that the joints of the door at the end of the corridor became quite loose and as a result, the door could not close properly and it remained open all the time. The children very often utilized the door of the corridor for the purpose of playing. In this regard, the residents of the building complained several times to the owner of the building in order to repair the door but nothing was done. Consequently, one particular day, when the children were playing in the corridor, Waleed, the 1 year-old son of Mr. Omar succeeded to open the door as it remained slightly open due to its unrepaired condition and ultimately moved towards the door. After opening the door, when Waleed put his first step, he slipped to the ground through the staircase and ultimately died. The matter was taken to the police station and after investigation; they observed that the owner of the building was at fault. In response, in order to defend himself, the owner clarified that the maintenance company is responsible for not repairing the fault in the door and also for the accident as well. In the meantime, the case was taken to the court for judgment. By analyzing the aforementioned case, it can be stated that if the door was properly repaired in due course of time then the accident would not have occur. Thus, it can be stated that this particular case is related with the aspect of negligence tort on the basis of Tort law. According to the case, as the owner of the building denied to admit his fault after the investigation, Mr. Omar decided to take legal step against the building owner. In this regard, it can be stated that there lies quite a possible chance for Mr. Omar to win the case against the owner of the building only if he can prove three major factors in relation to the case. One of the imperative factors is that Mr. Omar must prove that the owner of the building had committed to deliver a duty of care to the residents of the building including Mr. Omar. The other significant factor is about proving the fact that the owner of the building had failed to deliver the appropriate standard of care which can be related with the fact of repairing the door. Finally, Mr. Omar must prove that the activities of the owner of the building were the actual causes of his valuable damage which ultimately led towards the death of his son (Pearson Education, Inc., 2010). Thus, it can be stated that by proving the aforementioned factors, Mr. Omar might win the case against the owner of the building in the court of law. Findings and Conclusion On the basis of the principles of Tort Law, it has been viewed that the case is associated with negligence tort of law which was acted upon by the owner of the building. After the initial investigation that has been made about the matter, it was recognized that the owner of the building was at fault. However, Mr. Omar decided to sue him in the court of law and there he must prove the aforementioned factors in order to win the case. From this particular viewpoint, it can be stated that there lies considerable significance of law such as Tort law which provides remedies to the individuals who are harmed by unreasonable activities of others. References CECP, No Date. What Are Tort Laws? Interact. [Online] Available at: http://cecp.air.org/interact/authoronline/february99/2.htm [Accessed June 26, 2012]. Dixon, M., 2007. Textbook on International Law. Oxford University Press. Edgar, T., 2008. The Pearson Guide To The Llb Entrance Examinations. Pearson Education India. Emory University School of Law, 2010. United Arab Emirates. [Legal]. [Online] Available at: http://www.law.emory.edu/ifl/legal/UAE.htm [Accessed June 26, 2012]. Harlow, C., 2005. Understanding Tort Law. Sweet & Maxwell. Pearson Education, Inc., 2010. Negligence. Summary. [Online] Available at: http://wps.prenhall.com/ca_ph_blair_law_1/2/538/137983.cw/index.html [Accessed June 26, 2012]. Raz, J., 2009. The Authority of Law: Essays on Law and Morality. Oxford University Press. The McGraw-Hill Companies, No Date. Law And Its Purposes. An Introduction to the Fundamentals of Dynamic Business Law. [Online] Available at: http://highered.mcgraw-hill.com/sites/dl/free/0073377686/671584/Sample_Chapter_01.pdf [Accessed June 26, 2012]. Tischler, H. L., 2010. Introduction To Sociology. Cengage Learning. WSG, 2012. The Current Legal Structures. Member Publications. [Online] Available at: http://www.worldservicesgroup.com/publications.asp?action=article&artid=1649 [Accessed June 26, 2012]. Read More