Tort law at United Arab Emirates
Tort law in the United Arab Emirates (UAE) is governed by a civil law system primarily influenced by Islamic (Shari’a) principles, Egyptian civil law, and French legal traditions. The UAE does not use the term “tort” in the same way common law jurisdictions do, but it addresses civil wrongs under the concept of non-contractual liability within its Federal Civil Transactions Law (UAE Civil Code, Federal Law No. 5 of 1985).
🇦🇪 Legal Framework
The core source of tort-like provisions is the UAE Civil Code, especially Articles 282–298, which deal with liability for harm caused to others outside a contractual relationship. Additional relevant laws include:
UAE Civil Code – general principles of liability and compensation.
Penal Code – when torts overlap with criminal acts (e.g., defamation, assault).
Labour Law, Consumer Protection Law, Cybercrime Law, and others – for sector-specific liabilities.
⚖️ Key Principles of Tort Liability in UAE Law
1. General Rule of Liability – Article 282
"Any harm done to another shall render the doer, even though not a person of discretion, liable to make good the harm."
This reflects the principle that anyone who causes harm to another, even without intent, may be liable.
2. Elements of Liability
To claim compensation under UAE tort law, three key elements must be established:
Harm (Damage) – Actual injury (physical, moral, or financial).
Fault (Wrongful Act) – Includes negligence, recklessness, or intentional conduct.
Causal Link – A direct connection between the fault and the damage.
If all three are proven, the liable party must pay compensation (damages).
💵 Types of Damages
Material Damages – Loss of income, medical costs, property damage.
Moral Damages – For emotional harm, reputation damage, pain and suffering.
Future Damages – Compensation for anticipated losses (e.g., ongoing disability).
Punitive Damages – Not recognized under UAE law; the goal is compensation, not punishment.
📌 Strict Liability Cases
The UAE recognizes strict (no-fault) liability in specific circumstances:
Employer liability (vicarious liability) for employees' wrongful acts (Art. 313).
Guardians’ liability for minors or persons under their care.
Owner liability for dangerous property, animals, or equipment (Art. 316).
🏥 Special Areas of Tort Liability
1. Medical Malpractice
Governed by the Federal Medical Liability Law.
Doctors can be liable for negligence, lack of skill, or failure to obtain informed consent.
Cases must often go through a medical liability committee before court proceedings.
2. Defamation
A criminal offense under UAE Penal Code and Cybercrime Law.
Also gives rise to civil compensation claims under tort principles.
Defamation includes slander, libel, or online reputation harm.
3. Road Traffic Accidents
Governed by Traffic Law and Civil Code.
Compensation often handled through insurance, but civil lawsuits are common for death or serious injury.
Criminal liability (e.g., for DUI) may also arise.
4. Product Liability
Based on strict liability principles.
Manufacturers and sellers can be held liable for harm caused by defective products, even without proving fault.
⚖️ Procedure & Remedies
Tort claims are filed in civil courts of the relevant emirate (e.g., Dubai, Abu Dhabi).
Compensation is often awarded in a lump sum and calculated based on the severity of the harm.
Courts have discretion to award moral damages, especially for physical or reputational harm.
⏳ Statute of Limitations
Tort claims must typically be brought within 3 years from the date the victim became aware of the harm and the liable party.
Exceptions may apply in medical or criminally-linked torts.
🌐 Shari’a Influence
Islamic principles influence tort law in areas such as:
Blood money (diya) for wrongful death or serious injury.
Emphasis on personal responsibility and restoration of harm, not punishment.
✅ Summary
| Aspect | UAE Tort Law Highlights |
|---|---|
| Legal Basis | UAE Civil Code, esp. Articles 282–298 |
| Basis of Liability | Fault (negligence/intent) or strict liability |
| Types of Damages | Material & moral; no punitive damages |
| Special Areas | Medical malpractice, defamation, traffic, product liability |
| Statute of Limitations | Generally 3 years |
| Islamic Influence | Diya, personal accountability, restorative justice focus |
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