Case Study

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Case 1:

Amal was thinking that Mariam is dealing on the behalf of the


luxurious car company and car is actually belongs to the
company. She also had a perception that she is dealing with
company. Therefore she was not feeling any hesitation and
riskiness. This is the main reason that the contract becomes
smoothly.
Since the agent was dealing on the behalf of the Amal, the
procedural fault is happened from the Amal’s agent. Agent had
to negotiate with Mariam. He did not probably ask even a
question to Mariam about Car Company.
Probably somewhere in also Mariam’s mind that the Amal
agent does not know about her role in the contract. And she
knew that she is no more a broker in this contract and that she
is the real owner of the car.
But Mariam should not be blame. Actually it was Mariam’s
business logic that she did not exposed extra irrelevant
information before the agent nor she told a lie.
The fault was actually from Amal side because she by her own
was thinking Mariam as a broker in this contract.
When we look from amal’s perspective, it seems that,
intentionally or unintentionally, Mariam did not exposed her
identity in the contract that she is actually owner of luxury car.
Amal’s percetption that her agent did better but Mariam did
not. Actually it was the responsibility of amal’s agent
communicate clearly with Mariam.

Case 2:
While doing contract in Manama, Luna did not exposed the fact
that she is currently registered in a company located in Paris.
Also, she did not expose the fact that her company in Paris was
bankrupted nor she exposed the reasons of liquidation of
company.
Luna needs to firstly resign from French company if she wants
to get job in Bahrain.
Luna got job unethically and unlawfully in Bahrain because she
intentionally did not inform Bahraini company about previous
record.
On the other hand, It seems that the Bahraini company did not
fulfill documentation process. The company did not ask Luna
about his previous job and about the reasons for leaving
previous job.
In short, the Bahraini company is unaware that Luna is still an
employee in another country of a company.
Moreover, the Bahraini company did not inform employee
regulatory authorities when offering job to Luna.

Under Bahraini law, if a company wants to hire non Bahraini


employee, the company should first get work permission and
residence permission from regulatory authorities for each of
the overseas employee.
The work and residence permission is obtained from employee
market regulatory authority and regulatory authority is
responsible for issuing word and residence permit for overseas
employee.
The employee regulatory authorities in Bahrain registered the
employee data in its record e.g name, country of origin, current
job status.
The regulatory authority also imposed certain restrictions on
work permits.
In this condition, the Bahraini company did not inform
regulatory authorities about Luna’s hiring. Therefore the
Bahraini company is doing negligence.
The conclusion is that, the both Bahraini company and Luna are
doing unlawfully by their own way. So a lawsuit must be
claimed against Bahraini company by regulatory authorities.
And Luna is liable towards both French company and Bahraini
company.
Case 3:
There are three scenarios in this case fist Ahmad and customer,
second Ahmad and his insurance company and in last customer
and insurance company.
The insurance company has vital rule in this case because
insurance companies are itself usually responsible of customer
loss.
Although Ahmed conducted negligence but he cannot be liable
against customer claim and his opinion that he is not a trader
also true.
The reason is that Ahmad is working on the behalf of the
insurance company and in this case he is performing as a
medium or as an agent between customer and his insurance
company.
Although negligence is done by Ahmed but customer cannot
claim against him because he is not running the insurance firm.
Ahmed is answerable to his company about his negligence in
work not the customer.
It is the company’s right to investigate its employees against
work related negligence not is the customer.
So company’s responsibility is to inquire Ahmad and negotiate
with customer about the issue.
If Ahmed is found a guilty then it is the responsibility of the
company to fulfill the loss of customer and punish Ahmed in
some other way.
If Ahmed is found negligent, company cannot leave Ahmad and
customer alone and it would be unethical because Ahmed is
serving the company from 2010.
So company should support Ahmed against the customer and
should fulfill the customer loss.
On the other hand, Company should strictly notify Ahmad
about his negligence and may imposed certain restrictions.

Case4:
a)
A carpenter is someone who can work with woods. The have
ability to construct houses, cutting, shaping, establishment of
building material and all other works related to wood.
The Bader is a trader because he is acting as a medium
between wood supplier and construction firms.
b)
Lawyer help foreign investors and local investors to do business
in outside of the country.
They advise foreign investors by suggesting them to do
business in specific country.
Also, they help local investors by advising how to invest in
outside of the country.
Companies usually consult with international traders so that
they may give suggestion to the company about related
international trading rules and regulations as well as how to
comply with them.
So, Salma is a trader because she is giving services to the
international companies. She advise companies about
international trade and trarrifs, trade in services and trade in
products.
c)
Rashid is not a trader because he is just advertising himself
through media and newspapers not what the specific services
he is offering.
Trader usually specify their services through media and print
platforms not they market themselves.
Rashid is conditioning himself for the market but not his
services. He is marketing himself not any services.
Traders does not market themselves through media and
newspaper rather they specify their services and their work
area such as travel agents.
Rashid must disclose his services what he is offering to become
a trader.

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