Free transportation and the related liability in United Arab Emirates
The transport of persons for a fare creates a contract that obliges a transporter to transport passengers to their agreed destinations safely. Where a passenger suffers harm during transportation, the transporter would be assumed to have breached this obligation. Therefore, it would be contractual...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Penerbit Universiti Kebangsaan Malaysia
2019
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| Online Access: | http://journalarticle.ukm.my/13940/ http://journalarticle.ukm.my/13940/1/36951-116543-1-PB.pdf |
| _version_ | 1848813416433582080 |
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| author | Kadhum, Mohaimen I. Kamal H. Hassan, |
| author_facet | Kadhum, Mohaimen I. Kamal H. Hassan, |
| author_sort | Kadhum, Mohaimen I. |
| building | UKM Institutional Repository |
| collection | Online Access |
| description | The transport of persons for a fare creates a contract that obliges a transporter to transport passengers to their
agreed destinations safely. Where a passenger suffers harm during transportation, the transporter would be
assumed to have breached this obligation. Therefore, it would be contractually liable to compensate that passenger,
unless intervention by an external cause is proven. This article dwells on a different type of transportation. It
examines cases where a passenger is transported without the payment of a fare to the transporter. The article
focuses primarily on free transportation, as an example of such contracts, but also examines other cases such as
secret transportation, curious transportation, driving school contracts and staying aboard a vehicle after the
expiration of a transportation contract. The problem posed to both the law and the courts is whether these types of
transportation also create contracts, the breach of which would render transporters contractually liable. This
article seeks to determine the type of liability faced by such transporters where passengers are harmed during
transportation, or its disruption, including the timeframe for such liability. Based on the analysis of legal opinions,
relevant legislation and case law, it can be surmised that, in these cases, the transporter may be subject to either
tortious liability or presumed liability rules, and, very rarely, to contractual liability rules. |
| first_indexed | 2025-11-15T00:17:51Z |
| format | Article |
| id | oai:generic.eprints.org:13940 |
| institution | Universiti Kebangasaan Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-15T00:17:51Z |
| publishDate | 2019 |
| publisher | Penerbit Universiti Kebangsaan Malaysia |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | oai:generic.eprints.org:139402020-01-15T09:26:39Z http://journalarticle.ukm.my/13940/ Free transportation and the related liability in United Arab Emirates Kadhum, Mohaimen I. Kamal H. Hassan, The transport of persons for a fare creates a contract that obliges a transporter to transport passengers to their agreed destinations safely. Where a passenger suffers harm during transportation, the transporter would be assumed to have breached this obligation. Therefore, it would be contractually liable to compensate that passenger, unless intervention by an external cause is proven. This article dwells on a different type of transportation. It examines cases where a passenger is transported without the payment of a fare to the transporter. The article focuses primarily on free transportation, as an example of such contracts, but also examines other cases such as secret transportation, curious transportation, driving school contracts and staying aboard a vehicle after the expiration of a transportation contract. The problem posed to both the law and the courts is whether these types of transportation also create contracts, the breach of which would render transporters contractually liable. This article seeks to determine the type of liability faced by such transporters where passengers are harmed during transportation, or its disruption, including the timeframe for such liability. Based on the analysis of legal opinions, relevant legislation and case law, it can be surmised that, in these cases, the transporter may be subject to either tortious liability or presumed liability rules, and, very rarely, to contractual liability rules. Penerbit Universiti Kebangsaan Malaysia 2019 Article PeerReviewed application/pdf en http://journalarticle.ukm.my/13940/1/36951-116543-1-PB.pdf Kadhum, Mohaimen I. and Kamal H. Hassan, (2019) Free transportation and the related liability in United Arab Emirates. Jurnal Undang-Undang dan Masyarakat, 24 . pp. 1-23. ISSN 1394-7729 http://ejournal.ukm.my/juum/issue/view/1242 |
| spellingShingle | Kadhum, Mohaimen I. Kamal H. Hassan, Free transportation and the related liability in United Arab Emirates |
| title | Free transportation and the related liability in United Arab Emirates |
| title_full | Free transportation and the related liability in United Arab Emirates |
| title_fullStr | Free transportation and the related liability in United Arab Emirates |
| title_full_unstemmed | Free transportation and the related liability in United Arab Emirates |
| title_short | Free transportation and the related liability in United Arab Emirates |
| title_sort | free transportation and the related liability in united arab emirates |
| url | http://journalarticle.ukm.my/13940/ http://journalarticle.ukm.my/13940/ http://journalarticle.ukm.my/13940/1/36951-116543-1-PB.pdf |