QUESTION: Our company has received a legal notice stating that we need to compensate its sender for the damages that he incurred from the actions of one of our employees. The incident was outside the workplace and the management has no involvement in it. But the legal notice states that we are also liable as per Article 209 of the civil code. What is mentioned in the law? Being the employer, are we liable at all?
HJ, Doha

ANSWER: According to Article 209 of the civil laws, an employer shall be liable only for damages caused by its employee due to the unlawful act, when the act was performed during the course or as a result, of his employment. The employment relationship shall be established where the activities of the employee are in furtherance of duties that are owed to the employer and where the employer exercises actual powers of supervision and control, directly or indirectly, over the activities of the employee.
A wrong is considered to have been committed during the course of employment only if what the employee was doing fell within the scope of those activities.
So, the employer is not liable for the damages caused as a result of an unlawful act by the employee where that act was committed outside the course of the employment.

Punishment for cybercrime
Q: A friend, who repairs computers and laptops, was arrested last week on a charge of cybercrime. A notice from court states that he has committed offences under Article 371 and 372 of penal laws.
RY, Doha

A: According to Article 371 of the penal law, any person who accesses data saved in a computer without authority or who is caught hacking into the data system or a part thereof shall be punished with imprisonment for a term not exceeding three years or a fine not exceeding QR10,000 or both. If the commission of offence under Article 371 resulted in deletion or modification or spoiling or disabling the information in the system, the wrongdoer shall be punished with imprisonment for a term not less than one year and not exceeding three years and a fine not less than QR10,000 and not more than QR50,000 as per Article 372 of the penal laws.

Claim for compensation
Q: Our company undertakes small contracts for construction. Last month, in one of our projects we had an issue because of the seller’s failure to deliver the goods on time. We would like to claim compensation for the delay in delivery and the additional cost incurred because of the failure to complete project. Also, is there any limitation period for notifying in case the delivered goods are defective?
AC, Doha

A: As per Article 110 of the Trade Law No 27 of 2006, where a contract is terminated because of the seller’s failure to deliver on time, then the buyer has the right to ask the seller for compensation to the extent of the difference between the agreed price and the market price effective on the date specified for delivery and without prejudice to the right of the buyer to claim compensation for damages sustained as a result of the failure to fulfil the contract.
As per Article 112, the buyer shall notify the Seller of the defect within 15 days from the date of actual delivery.
If the buyer fails to provide such notification within the period specified, then the claim shall be heard only if such defect cannot be detected by the usual methods.

Rent dispute with landlord
Q: We have leased a building for family accommodation. The landlord has raised the building’s rent on contract’s renewal recently. But we have refused to pay the rent as per his demand. The landlord’s agent has warned the  tenants that he will disconnect the electricity and make everyone leave the premises. Is it legal to do so? The agent refuses to collect the rent also. If we don’t pay the rent on time, can the landlord evict us, using police assistance? Please advice.
SD, Doha

A: The landlord or his authorised representative has no right to disconnect the electricity supplies for any reason. But, the landlord can get the property vacated for non-payment of rent. As per laws regulating lease contracts, a tenant is legally bound to remit rentals in seven days. In the event of non-payment, the landlord can approach the Rental Dispute Settlement Committee on rental disputes to claim for the rent and termination of the contract. The police department has no role in the rental disputes other than the execution of court order.

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LEGAL SYSTEM IN QATAR
According to Article 35, the management of a company shall be carried out by all the partners unless by virtue of the memorandum of company or any independent contract, the management of company is assigned to one or more partners or to one or more persons other than the partners.
If there is more than one manager, wherein each of them are assigned with specific duties, no manager shall be responsible except for the matters falling within his duties.
If the manager is a partner and is appointed in accordance with the memorandum of company, he shall not be dismissed without a unanimous vote of partners, or a decision by partners.
Unless otherwise stipulated in the memorandum, such dismissal in any of the aforesaid cases shall result in the liquidation of the company.
Where the manager is a partner and is appointed by an independent contract, or a non-partner appointed by memorandum of company or an independent contract, he may be dismissed by a resolution of the majority of the partners and company shall not be dissolved as a result of such dismissal.
As per Article 38, if the manager is a partner appointed in the memorandum of company, he shall not resign from administration without acceptable reasons failing which he shall be responsible for compensation and the company shall be dissolved upon his retirement unless the memorandum of company otherwise provides.
Where the manager is a partner and is appointed by an independent contract, or a non-partner appointed by memorandum of company or an independent contract, he may resign from management provided that he shall choose an appropriate time for retirement and shall notify the partners before a period not less than 60 days, unless the Articles of Association stipulates otherwise; failing which he shall be responsible for compensation.
According to Article 39, the manager may carry out all the ordinary management matters which are conclusive to the objects of the company unless the memorandum provides for the limitation of his authority in this regard, and he may settle the rights of company and call for arbitration if that is in the interest of the company.
The company shall be bound by every act done by the manager in its name within the limits of his authority, even if such manager uses the signature of the company for his own account, unless the person contracting with him has done so in bad faith.
The manager shall not carry out transactions that exceed normal management powers except with the partners? approval or by virtue of an express provision in the memorandum, and such restriction shall particularly apply to the following cases: (1) Donations, except for small ordinary donations; (2) Sale of properties of company unless such transactions be part of objectives of the company; (3) Mortgage of company properties even if it is permissible under the memorandum of company to sell such properties; (4) Sale or mortgage of company stores; and (5) Providing security for the debts of third party.
As per Article 41, no manager shall be allowed to enter into agreement with the company for his own account except with the express approval of all the partners and such approval shall be issued separately for each incident independently.
Furthermore, without the approval of the partners, no manager shall be permitted to practice any activities similar to that of company.
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