Issue link: https://maltatoday.uberflip.com/i/1297549
15 maltatoday | SUNDAY • 11 OCTOBER 2020 HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with mag- nificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other com- mercial 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 bed- rooms and 1 single A/C bedroom, two bathrooms, lift, double glazing doors and windows. Direct from owner €350k inquire on 79402244. TARXIEN - Larger than usual first floor duplex maisonette. Three bedrooms; double glazed windows; inverter air conditioners including solar water heat- er. Being sold furnished. Own airspace with possibility of further development. Contact owner on 99912005/99450639. SERVICES NEWSPAPER adverts - Book & pay on-line on www.perfecta.com.mt - no extra charges. Call on 21322452 SITUATIONS VACANT ANDRE APAP – A&A Contractors based in Iklin is recruiting full time labourers, skilled labourers, electri- cians, skilled labourers (power tools), steel fixers and shutterers - to work in the construction industry. Job involves manual labour/outdoor work and can involve working from heights. English and/or Maltese speaking. Annual Gross Salary packages starting from Euro 9,600 annually. Apply via email aacon- tractors7@gmail.com ANGEL CLEANING CONSULTING SERVICES LTD – situated in San Gwann, we have vacancies for waiters, cleaners and helpers in offices, hotels, hostels, guest houses, agricultural work (handling of agricultural produce) and other establishments and for construc- tion labourers, electricians and wood- workers. Applicants must have min- imum if one / two years experience, fluently speak English and other lan- guages. Hourly rate Eur4.50. Interested applicants may send e-mail to: secre- tary@a-plusplus.eu EXTRUDER & COILING MACHINE OPERATOR - required for the Low Voltage Electrical Cables - Experience Required - Knowledge of Arabic Speaking is an asset, please sent you CV to info@smcables.com or call 21697888. HR PLUS - we require Labourers, clean- ers, waiters, kitchen hands, drivers and plasterers. All vacancies are for full- time basis, job entails being competent and responsible. Lower secondary level of education is required and availability to work on weekends and public holi- days. Interested parties are to apply by sending their CV to email: info@hrplus- malta.com JUNIOR OFFICE CLERK - a vacancy has arisen at a shipping company locat- ed in Marsa. Following requirements are O Level standard passes, computer literate – Microsoft office, knowledge of Maltese and English languages. Ability to communicate and work on own initi- ative / 'hands-on' approach. Prospective candidates can send cv on email: david. debono@valfreight.com.mt MODERN BARBER'S HAIRST YLE LTD - Bormla, has a vacancy for Hairdresser / Hairstylist. Applicants must have minimum of three years' experience. Fluently speaking English, Maltese and Arabic. Hourly rate from Eur4.50. Interested applicants may send email to secretary@a-plusplus.eu SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling positions as Customer Care Clerks, Security Guards, security for places of entertainment and clean- ers. Applicants should be customer care orientated, smart and flexible for shift work. Email your CV to hr@signal8se- curitymalta.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' experience in a similar post. Must be specialised in colonic irrigation. For more info please call Village Concept on 99885352. TILES LAYERS – candidates must be residing in Malta must speak Maltese or English another language will be an asset EU or Non-EU citizens welcome. Salary range between €800 -€1500 per month. Send your CV immediately to: mtcleanwell@gmail.com 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 In order for a court to award pre-con- tractual damages following negotia- tions which broke down, it has to be proved that one of the parties terminat- ed the negotiations unfairly and in bad faith. This was held in Wildlife Trad- ing Company of New Mexico Inc and Wildlife Trading Company Limited -v- Marine Aquatic Limited on 6 October 2020. The First Hall of the Civil Court was presided by Madame Justice Anna Felice. The plaintiff companies filed a sworn application explaining they are in in- dustry of setting up gift shops of theme parks, zoos and other similar places. They entered into negotiations with the defendant company to set up a gift shop at the National Aquarium in Qawra. There was 18 months of negotiations, but they were terminated even after the prices had been agreed upon and that the plaintiff company was appointed the exclusive supplier for 5 years. The defendant company assured the plaintiffs that everything was fine and as such the plaintiff invested in this contract and were waiting to sign the on the dotted line. The plaintiff com- panies made extensive orders and made custom made orders for the gift shop and transferred their know-how. The US company set up a Maltese company in order to facilitate the agreement and its execution. When the negotiations were termi- nated, the plaintiff companies already had pre-contractual obligations to fulfil and they were terminated capriciously and in bad faith. As a result the plaintiff company suffered damages and asked the Court to award them damages. Marine Aquatic filed a statement of defence stating that under of legal sys- tem there are no legal obligations at negotiation stage. It denied that it act- ed in bad faith and there was no formal agreement between the parties and therefore, the plaintiff companies can- not expect compensation for these ne- gotiations. From the evidence produced the dis- pute between the parties rose when the plaintiff company requested a payment of €90,000 for the shelving. The de- fendant company disagreed and broke off discussions. The Wildlife Trad- ing Company (WTC) explained to the court what it was responsible for, which included the installation of POS system, green screen photo operations, design, while the Aquarium was responsible for the retail shell, flooring lightings and paintings and other similar. WTC had made it clear that they would not in- vesting in the finishing of the gift shop. There was an email exchange on the costs to build the store that WTC were designing it. The company was given to understand that the defendant compa- ny wanted it to start the design and pur- chase the merchandise. However, the last draft of the agree- ment had a number of issues pending, which had to be agreed upon before signing. In the draft agreement, Ma- rine Aquatic would have been bound to handle the installation of all fixtures, fittings, flooring etc. WTC will have ac- cess to these. WTC started purchasing merchandise for the shop, although it did not have written authorisation to do so. The dis- agreement went ahead, the WTC sent an invoice to Marine Aquatic. The lat- ter disagreed that it had to pay and felt that WTC was putting undue pressure, since the National Aquarium was to open for the public soon. Madame Justice Felice, on considering the legal issues held that pre-contractu- al liability is not found in our law, how- ever, there is caselaw that have dealt with the issue. The Court quoted from Giuffrida -v- Borg Olivier decided on 5 May 1967. In that case the court held in its judgement that there is no legal principle that gives a legal right to parties in negotiations before the contract is signed. In anoth- er judgement John Pullen pro et noe -v- Manfred Gunter Matysik et decided by the Court of Appeal on 26 November 1971, the Court stated: "the damage to which plaintiffs are entitled are however to be restricted to the actual losses they incurred up to the time that the negotiations broke down whether they consist in actual expens- es incurred or depreciation of material or otherwise, but are not to include any profits which they would have derived from the concession of the boutique as in that way, they would be benefitting from an obligation which never came into existence." In Grixti -v- Grech of 3 April 1998 the court pointed out that damages can be awarded if one of the negotiating par- ties would have invested in good faith but the other part would have deceit- fully and in bad faith terminated ne- gotiations. This was echoed in Alfred Attard et -v- Paolo Xuereb et on 13 Oc- tober 2003, where the damages should be limited to those incurred during the negotiations. In this case, the Court held that WTC failed to take the necessary steps to find a solution and therefore, Marine Aquatic had sufficient grounds to end the negotiations. Therefore not deceit not bad faith on the defendant compa- ny's part. The Court then moved to reject the plaintiff's claims. Pre-contractual damages may be given in exceptional circumstances LAW Classifieds LAW CLASSIFIEDS