Safiya was a learner driver. She was taking lessons from a licensed trainer Munira & Company Trainers. Munira the trainer accompanying Safiya checked and confirmed that Safiyas insurance covered her for passengers before agreeing to start to her first training session.

During one of the lessons Safiya lost control while trying to take a turn. Munira told her to straighten the wheel but Safiya panicked and failed to do as asked. She approached the pavement and Munira grabbed the handbrake and tried to straighten the wheel, but it was too late. She mounted the pavement and hit a lamp post. Munira sustained injuries which included a fracture in her right leg and Scrapes and Cuts some serious and some minor. She also broke her GUCCI eyeglasses and lost her Rolex make wristwatch. Munira was hospitalized for 10 days.

When she returned from the hospital, she realized that 10 of her trainees had left and joined her competitor. Munira was planning to add two more cars to her fleet as she had submitted her bid for a government training contract. Munira had to delay her decision. Apart from Munira there were 65 other bidders. Based on the sequence of events described in the above scenario, answer the following questions:

1. By using relevant law to support your answer explain whether Munira can sue Safiya? Assuming that, Munira has a valid claim against Safiya advise her on the determination of her damages. You may use relevant case law to support your answer (1mark + 4 marks = 5 Marks)

2. Explains the elements of negligence Munira will have to prove while making a claim against Safiya (You may use relevant case law to support your answer. (6 marks)

5 3.Explain the defenses available to Safiya if she decides to defend herself against Muniras claim. You may use relevant case law to support your answer. (5 marks)

Task 2: Based on Contract Law: 10 Marks

Superstrong Petroleum Products SAOC Wholesalers of petroleum & petroleum products, including racing fuels, oils & lubricants & specialty chemicals were the regular suppliers oils and lubricants to SafePackaging LLC, a manufacturer of duplex cartons operating from the Rusayl Industrial Estate.

The two companies had been dealing with each other since 1996 on an informal basis with no written contract. In January 2018, the parties agreed that it would be wise to have a formal contract written. Accordingly, Superstrong Petroleum Products SAOC drew up a draft contract and sent it to the SafePackaging LLC. SafePackaging LLC made some minor amendments and filled in some blanks and sent it back to Superstrong Petroleum Products SAOC. Superstrong then simply filed the document and never communicated their acceptance to the contract. Throughout this period the claimants continued to supply the coal. Subsequently a dispute arose in December 2019. Safepackaging refused to settle an invoice amounting to OMR 65,000 claiming that the Superstrong had charged more than the contracted price. They also claimed that there was no contract between the parties.

You are required to advice Superstrong on the validity of the written agreement between the two parties.

Part II : 2 Questions : 24 Marks Question I: Based on Taxation Law of Oman: 10 marks

Traditionally, double tax treaties (DTTs) served as an important policy tool to promote international economic activity by preventing international double

6 taxation. However, despite the growing number of contributions, the empirical evidence on the effects of double tax treaties on bilateral FDI remains inconclusive.

With reference to the above statement critically evaluate the significance of double tax treaties (double taxation avoidance agreements) to developing countries.

Question 2: Based on The Foreign Capital Investment Law of Oman: 14 marks

RightAdvice Legal consultancy is a reputed advisory firm based in Oman with presence in the GCC. You are a trainee with the firm. Imad one of the senior partners has asked you to prepare a report based on the writeup given below:

Deep Sea Fisheries and Processors a Denmark based business House is interested in establishing its footprints in Oman. The group has a global presence including the MENA region. The group is interested in engaging in aqua farming and vertical farming in Oman. The Company has approached your firm for advice and guidance.

Your report should focus on the following topics

Task 1: Explore the possibility of starting a business in Oman with or without an Omani partner. You must explain the relevant provisions of Foreign Capital Investment Law to support your advice. ( 6 Marks)

Task 2: The Government of Oman is providing several incentives to encourage multinational companies to invest in Oman. You are required to identify these incentives and advise Deep Sea Fisheries and Processors on how they can benefit from them. (4 Marks)

7 Task 3: There are many forms of business structures which Foreign Companies can use to start operations in Oman. As Brogans legal consultant you must recommend to them a suitable form of business organization. (4 Marks)