BUSINESS LAW

Part 1

Task 1

1. Yes, Munira can sue Safia as the later is a learner driver and the accident happened due to breach of care on the part of Safia. According to law from a case of (Nettleship v Weston 1971), the court has stated that a learner driver has the same duty as that of a professional driver and any accident caused by the learner driver will be a breach of duty of care. The  duty of care of a professional driver is a legal duty of being careful and avoid accidents and also to pay damages to the victims if any accident occurs due to their breach of duty of care. In this case, Safia has breached the duty of care and should pay Munira compensation, but she also is not eligible for full compensation as Munira was also at the wheel and her timely action could have averted the accident from happening. Under the same law, this case will be a case of contributory negligence also as both Safia and Maunira were responsible for the accident as both were at the wheel. So, Munira will be eligible to get only 50% of the compensation.

Assuming that, Munira has a valid claim against Safiya for determination of damages, Munira can claim general damage due to a fracture in her right leg and some scrapes and Cut. Nominal damages can be claimed as she also broke her GUCCI eyeglasses and lost her Rolex make wristwatch. Special damages can be claimed as she was hospitalized for 10 days and that led to the loss of her clients and income.

2. The elements of negligence Munira will have to prove while making a claim against Safiya are

Responsibility- As Safiya was driving the car, there was her responsibility to be careful while driving at the wheel and should not have gotten nervous while driving. She should have been alert and cautious at the turns.

2. Breach in performing responsibility- Safia has not performed her duty of taking care while driving and due to her nervousness, she caused the accident.

3. Cause of accident- The whole accident occurred due to the fact that Safia lost control over the wheels and became nervous and rode on pavement to hit the lamp post.

4. Damages- There were huge damages suffered by Munira due to this accident.She has to prove it as it is discussed above about the nature of the accident.

3. The defenses available to Safiya if she decides to defend herself against Munira’s claim is that of volenti non fit injuria, which means that Munira has knowingly sit into the car, that she was a learner driver and may cause an accident. This is deliberately done on the part of Munira. She knowingly sits beside her and put herself in a dangerous situation deliberately.So, Safia can defend herself by stating that Munira knew of the danger and she cannot be bring any claim against her for damages. This case also refers to the above law of 1971 car accident case of Weston.

Part 1

Task 2

Answer to the first question:

Let us first examine the case fact:

There is a previous history of dealings. Superstrong had been supplying the products and till the dispute arisen safe packaging was accepting the deliveries without any rejection on the ground that they never ordered any products, therefore this constitutes the existence of a valid contract between parties.

Now we come to the second point where the Offers has not communicated anything on acceptance of the amended contract send by the offeree, and they started to make the supplies to the offeree, the offeree was accepting the shipment, This again constitutes a valid contract as in this case due to the previous dealing the silence on the offeror or offeree will be considered as acceptance of the contract.

Part 2

Q1

The significance of the double tax treaty is to safeguard the interest of the parties involved in international trade and protect them from the burden of double taxation. In fact, these treaties help in bringing in taxation parity and minimizes the difference in the taxes. with respect to developing countries, it ensures the taxpayer's right and their security. this also helps in the prevention of evasion of taxes.

Q2

Task 1.

Conceivable outcomes of beginning a business in Oman without an Omani accomplice

Oman is an individual from the Arab League and part of the Gulf Cooperation Council (GCC). Organizations are administered by the Sultanate of Oman's Commercial Law, which are comparable in nature to other Middle Eastern nations. The Sultanate of Oman has gained huge ground towards monetary development and thriving as of late, which makes Oman an undeniably ideal area for business venture. The Government perceives remote speculation makes a considerable commitment to the improvement of Oman's foundation, businesses and assets, and its arrangement is to welcome and energize long haul direct outside venture that has gainful monetary impacts.

Ostracizes will be permitted to begin a business without an Omani accomplice and no base capital prerequisite will be essential if a draft law arranged by the Ministry of Commerce and Industry (MoCI) is affirmed by the legislature.

The new remote capital venture law will permit 100% outside possession and evacuate the base capital prerequisite to give remote speculators an open market in Oman. Under the present law, outside financial specialists are required to have a neighborhood investor, with in any event a 35 percent stake. Various multinationals are reluctant to have a neighborhood investor for their own reasons including, business, operational, lawful, and so forth. Hence, such multinationals, who are hesitant to put resources into Oman because of this necessity, will be pulled in under the new law to put resources into Oman.

The new remote speculation law would give a helpful domain to venture and make Oman progressively appealing for nearby and outside ventures. This will expand financial specialist certainty by guaranteeing consistency and dodging struggle with worldwide exchange plans and understandings. Notwithstanding 100% outside possession, MoCI has additionally proposed the expulsion of a base capital prerequisite for remote financial specialists to invigorate venture. The expulsion of least capital necessity follows worldwide prescribed procedures on a general premise and in this manner will have a positive effect. The law will likewise permit charge motivators and exceptions will be expelled from the new venture law as it is progressively proper for such impetuses to be tended to in the personal assessment law.

Aside from capital necessities, the law has different angles, for example, setting out plainly outside speculators' privileges and obligations. The proposed venture law additionally accommodates contest goals and incorporates global discretion; as per procedural standards set down in the guidelines of the United Nations Commission on International Trade Law, the International Center for the Settlement of Investment Disputes, and other universal establishments worried about intervention matters.

Motivations to energize worldwide organizations contributing Oman and how Brogan can profit by them

Task 2.

Oman has solid motivation plans to drive further speculation into the nation, extending from

1. financed loan fees

2. custom obligation exceptions

3. annual assessment exceptions for a while.

There has been a move towards changing the Foreign Business and Investment Law, permitting up to 70% of outside value proprietorship, and up to 100% for imperative advancement activities to Oman.

The legislature gives motivating forces to endorsed extends under 'The Law for Organization and Encouragement of Industry'.

a. Exception from custom obligations on import of crude materials, plant and gear.

b. Financed power, water and fuel charges.

c. Government delicate advances.

d. Inclination in government acquisition of nearby items.

e. Arrangement of arranged and administration mechanical plots for setting up activities and prepared modern units at concessional rent lease.

Duty Holiday Incentives All organizations occupied with need segment exercises are given an annual expense occasion period for the initial five years from the date of beginning of creation or movement. These exceptions are sustainable for an additional five years.

Types of business structures which Foreign Companies can use to begin tasks in Oman(Advising as Brogan's lawful advisor)

Task 3.

To begin an organization in Oman, one may look over the accompanying legitimate element types:

Restricted Liability Companies (LLC) - Both neighborhood and remote financial specialists most regularly pick to set up a constrained obligation organization (LLC) to direct their business exercises in Oman. LLCs have various focal points: LLCs require just two members; they give constrained risk to the members; they are less directed than business entities; and they are dependent upon a lower least capital prerequisite (OMR 150,000 for LLCs with outside speculation and OMR 20,000 for LLCs with 100% Omani possession).

Business entities (JSC) - The portions of an open business entity in Oman can be exchanged freely. The base offer capital required to begin such an organization is OR 150,000 (around 390,000 USD). A private business entity in Oman requires at least 3 investors (one of whom ought to be an Omani resident holding at any rate 30% of the all out offers) and a base offer capital of OR 50,000 (around 130,000 USD).

Business Agency - A business office in Oman is an organization which is appointed to advance or disperse items or administrations of an outside substance in the Sultanate. The essential capacity of such an organization is to trade merchandise and ventures to Oman by an outside business. In a business office in Oman, the job of a business operator can be allocated uniquely to an Omani national enrolled with the Omani Chamber of Commerce or a neighborhood element having in any event 51% nearby shareholding.

Other venture structures - Before putting resources into Oman, it is essential to think about the scope of speculation alternatives. For instance, if the remote financial specialist goes into an immediate agreement with an administration authority, for example, a Ministry, it might have the option to open a branch office. In the event that the organization wishes to convey its items in Oman, it might have the option to do as such through a business office concurrence with a neighborhood organization or individual. Outside financial specialists may likewise open a neighborhood delegate office for advertising and advancement of their administrations and items.

Financial specialists should know about the accompanying legitimate system for working together in Oman:

Outside Capital Investment Law (FCIL) – sets out the general guidelines directing remote interest in Oman

Business Companies Law (CCL) – directs the kind of business structures that can be authorized to carry on business in Oman, and how those business structures may work

Common Transactions Law (Civil Code) – received in 2013, this is an essential law which oversees all respectful and business exchanges in Oman

Work Law – directs the conditions for work in Oman of the two Omani and remote staff

Personal Tax Law (ITL) – builds up the duty system for organizations in Oman.