Issue link: https://maltatoday.uberflip.com/i/1266179
15 maltatoday | SUNDAY • 5 JULY 2020 HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with magnifi- cent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other commercial purposes. Phone 79493021, 79426883, 77481592 or 77484029 PROPERTY FOR SALE SAN GWANN- Open plan 190sqm, ready to move into designer finished second floor apartment in a central quiet street forming part of a block of 5 apartments. Two double A/C bedrooms and 1 single A/C bedroom, two bathrooms, lift, dou- ble glazing doors and windows. Direct from owner €350k inquire on 79402244. TARXIEN - Larger than usual first floor duplex maisonette. Three bedrooms; dou- ble glazed win-dows; inverter air condi- tioners including solar water heater. Being sold furnished. Own airspace with pos- sibility of further development. Contact owner on 99912005/99450639 SERVICES TEACHING - English language one- to-one. Higher levels and examination preparation. Tel: 99336088 SITUATIONS VACANT AURELIANO GROUP LTD - a mul- ti-service company has the following vacancies: Office Assistant, Cleaner, Housekeeper, Security Guard. The jobs are on full time basis. English and / or Maltese speaking. Monthly salary pack- ages starting from 800 euro per month. For more information contact by phone 00356-79288417 apply via email: info@ aurelianogroup.com CONCRETE SHUTTERERS - Zahra Employ Limited is looking to employ two individuals as Concrete Shutterers. The ideal Candidate should be in posses- sion of the qualifications or equivalent, in lieu a minimum of 3 years experi- ence in Concrete Stutterer and steel fix- er are a must. The Concrete Shutterers may also have to make necessary mate- rial purchases, assist the foreman and the team members and to ensure that he or she maintains constant quality standards. Remuneration package starts at €1,200 gross monthly. Email a CV on admin@ zahraltd.com DRIVERS - OZOMALTA is seeking to recruit individuals to work as Drivers. The chosen candidate should speak and write fluent in English. To apply send a detailed cv to careers@ozogroup.com SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling positions as Payroll Clerks, Security Guards, security for places of entertainment and cleaners. Applicants should be customer care orientated, smart and flexible for shift work. Email your CV to hr@signal8securitymalta.com.mt SPA THERAPIST Required for a bou- tique hotel. Full time hours including weekends and public holidays. Must be flexible with hours. At least 5 years expe- rience in a similar post. Must be spe-cial- ised in colonic irrigation. For more info please call Village Concept on 99885352. WANTED COLLECTIBLE items such panini albums and loose stickers, old postcards and posted envelopes, medals, militar- ia, coins and paper money, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632 Dr Malcolm Mifsud is a partner at Mifsud & Mifsud Advocates DAMAGES may ensue as a conse- quence when someone fails to fulfil his or her obligations. This was held in Darren Abela -v- Carmelo Muscat et on 1 July 2020 be- fore the First Hall of the Civil Court presided by Madame Justice Anna Felice. In his application, Abela explained that the parties had entered into a promise of sale agreement on 24 July 2017 to purchase a property in Mgarr. This promise of sale agreement was extended a number of times, but last expired on 30 November 2018 and Muscat failed to appear for the con- tract. Muscat explained that he first need- ed his sister's authorisation and a fur- ther payment of €30,000. The plaintiff did not agree. Abela asked the Court to force the sale to go through by appointing a notary to publish the contract, alternatively . Muscat filed a statement of defence and held that the contract could not go through because there were pend- ing issues on the property, namely there was a mistake on the measure- ments of the property and there is need a correction of the contract that divided the property between Muscat and his sister. From the evidence produced, when the notary was carrying out the search- es noticed a discrepancy between the measurement of the apartment built and the area of the airspace in the con- tract of division. The discrepancy was around 36 square meters and therefore, required a correction of the contract. The promise of sale agreement was extended three times and before the last time , the defendant asked an ad- ditional €30,000 to give to his sister to convince her to sign the acts of correc- tion. This action is based on Article 1357 of the Civil Code, which reads: "(1) A promise to sell a thing for a fixed price, or for a price to be fixed by one or more persons as stated in the foregoing articles, shall not be equivalent to a sale; but, if accepted, it shall create an obligation on the part of the promisor to carry out the sale, or, if the sale can no longer be carried out, to make good the damages to the promisee. (2) The effect of such promise shall cease on the lapse of the time agreed between the parties for the purpose or, failing any such agreement, on the lapse of three months from the day on which the sale could be carried out, unless the promisee calls upon the promisor, by means of a judicial inti- mation filed before the expiration of the period applicable as aforesaid, to carry out the same, and unless, in the event that the promisor fails to do so, the demand by sworn application for the carrying out of the promise is filed within thirty days from the expiration of the period aforesaid." The legal principle was explained on 23 November 2005 in Brinx Limited -v- Francis Said, where the court held that promise of sale binds the parties to sell and purchase. If any of the parties do not fulfil their obligations then damages could arise as a consequence. In another judge- ment, Angelo Zahra -v- Carmelo Vella of 29 September 2016, the Court held that damages would occur in a prom- ise of sale, only if the sale can take place. If there is a situation of impossibility, then one party cannot fulfil its obliga- tion as listed in the agreement, then there is no case of damages. Article 1125 of the Civil Code states that if a person does not fulfil its obli- gations at law he or she is responsible for damages. According to the evidence produced, the property inherited by the defend- ant was the airspace of a house and in the contract of division there was a mistake in the measurements. The house was later developed into apartments and the land space meas- urements were different, although the division among the heirs held that they were accepting the property in the state it was in. The defendant declared that he would like to sign the final contract with the plaintiff, though the correc- tion is still pending. However, his sis- ter is refusing to sign the correction deed. His sister, Mary Gauci, was called into suit, however did not reply to the action. This does not mean that she admitted to the claims presented by the Plaintiff. The Court, on deliberating, held that the correction deed was in fact essen- tial and it seems that the plaintiff and the defendant agree that it should take place. Therefore, although there is no for- mal request that the Court orders the correction deed be signed, it believes that it could order for this to take place in order for the final deed to be signed. The Court then moved to order the parties to sign the correction deeds within 20 days. Non fulfilment of obligations may result in damages LAW Classifieds LAW CLASSIFIEDS On June 30, at Sir Anthony Mamo Oncology Centre, VICTOR GAUCI of Senglea, aged 92, passed away peacefully comforted by the rites of the Holy Church. He leaves to mourn his loss his beloved wife Cettina, his children Paul and his wife Valerie, Anna and her husband Alfredo Lucia, Charles and his wife Tania, Victor and his wife Luizette, Claire and her husband Ronald Zammit, his grandchildren Roberta, Julia, Maria, Marco, Matthias, Mickey, Paula, Nikki and Philippa, his great-grandchildren, his brothers, sister and their families, other relatives and friends. Lord, grant him eternal rest.