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Role of Option of Defect in Tenders: A Study under Omani Law

In: Arab Law Quarterly
Authors:
Maen Mohammad al-QassaymehSultan Qaboos University, Muscat, Oman

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Nayel Musa Shaker al-OmranZayed University, Abu Dhabi, United Arab Emirates

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Abstract

Option of defect is an important theory regulated in Omani Civil Law. It gives the injured party in bilateral contracts an option to rescind the contract if they find a defect in the subject matter of the contract. This theory is deemed a legal basis to refuse objects of sale by tender. In particular, it is useful when a guarantee that is given to the governmental body is insufficient to cover damages, due to bad performance of the contract. This article discusses how the option of defect is applied to sale by tender in Omani law.

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