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maltatoday | SUNDAY • 8 MAY 2022 11 LAW CLASSIFIEDS HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with mag- nificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET SAN GWANN – Ironmonger y as a going concern. Key money plus daily rent. For further information kindly contact 99474953. 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 - Close to all amenities and located in the commercial district is this 3 storey OFFICE BUILDING. Presently arranged in open plan lay- out on each floor, complimenting this there are a number meeting rooms. Each floor has a balcony and toilet facilities, with the 3rd floor having a front terrace overlooking the main street and the back balcony with coun- tr y views. Although the property is currently being used as offices, there is the possibility of converting to two apartments and a penthouse with ter- race. The property is being offered freehold. Asking price: €760,000. Call on:79899838. 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. TAR XIEN - Larger than usual first floor duplex maisonette. Three bed- rooms; double glazed windows; invert- er air conditioners including solar water heater. B eing sold furnished. Own airspace with possibility of fur- ther development. Contact owner on 99912005/99450639. SERVICES NEWSPAPER adverts - Book & pay on-line on - no extra charges. Call on 21322452 SITUATIONS VACANT ASIAN PALACE CATERING LTD - vacancies available for a part time kitchen cleaner for 20 hours weekly for MALTESE/ECA/SWISS Nationals these hours may include weekends and public holidays. Also there is a vacan- cy for full time bar cashier. Phone 27811888 or 99504694. CLEANER - to work full time on a roster in a busy restaurant in Naxxar. Must be fluent in English, flexible with hours and be able to work weekends and public holidays. Own transport is also needed. Please call 99885352 The Village Kitchen Ltd for more info. FO OD KINGDOM LTD – we have vacancies for a part time waiter/wait- ress for 20 hours weekly. Also, there are vacancies for a restaurant cashier, Asian Food Chefs and Sushi Chefs. A full-time position is available for a Restaurant Manager. Hours include weekends and public holidays. Phone 27833888 or 99504694. G A Enterprises & Co Ltd – we have vacancies for the following positions – 1) picker and packer, 2) deliver y person/helper, 3) cleaners and house keepers, 4) store assistant. Experience considered an asset for selection. Send your CV to: g.a.enterprisesltd@gmail. com or call on: 20991182 STUDY FIRST EUROPE LTD – we are looking to recruit a CEO to lead the firm to success. Interested appli- cants must have at least a BA or MBA Qualification and previous experience and knowledge are considered as assets. Fluency in the English Language is a must. Interested applicants are to send an email to marie-kristin.fischer@stu- No Agents please VIDI LTD - We are seeking the ser vice of waiters, cleaners and shop attend- ants on a full-time basis. Applicants must be English speaking and have 6 months of experience in the job they are applying in. Apply by sending an email with your CV to admin@vidi. IF a party is representing another party in an agreement or a con- tract must be indicated to the Parties. This was held in JK Properties Limited ezercenti l-kummerc that l-isem Re/Max Alliance Es- tate Agency -v- Lumen Company Limited decided on 2 May 2022 by the First Hall of the Civil Courts presided by Mr Justice Christian Falzon Scerri. The Plaintiff company claimed €28792 in agency fees from the Defendant company following a lease agreement it brokered a property in Marsaxlokk. The lease agreement was signed before the Plaintiff company's letting associ- ate. The Defendant company filed a statement of defence in which it stated that it does not have a ju- ridical relationship with the plain- tiff company and therefore, the brokerage fees are due but not the Plaintiff company. Mr Justice Falzon Scerri ana- lysed the evidence brought before the court. Clause 17 of the lease agreement states that the Parties were introduced by Gordi Felice of Remax Alliance Estate Agen- cy. The brokerage fees amounted to 10% of the total rent for a year. The Defendant company also agreed to pay 5% of the premium paid together with VAT. These fees were to be paid upon signing of the lease agreement. Further- more, the Defendant company pointed out that according to Clause 20, the tenant was to set up a different entity and the lease was going to be assigned to this new entity. The Court pointed out that this action is based on a breach of con- tract. The Court first dealt with the plea on whether there is no juridical relationship between the Parties of the case. The Defend- ant company argued that Gordi Felice was not representing JK Properties Limited, since he is not employed with the company and was self employed. The Plaintiff company disagreed and held that Felice was its representative. Arti- cle 998 of the Civil Code reads: "998. Every person shall be deemed to have promised or stipulated for himself, for his heirs and for the persons claiming through or under him, unless the contrary is expressly established by law, or agreed upon between the parties, or appears from then- ature of the agreement." There is a presumption that a person contracts in his own name and on his own behalf unless there is an indication that he/she is con- tracting on behalf of another per- son. This was held in Joseph Chet- cuti noe -v- Peter Paul Camilleri, decided by Commercial Court on 4 December 1988. Article 1871(1) of the Civil Code states that if a person acquires property on behalf of another, the mandatory may demand the property to be transferred. Case- law dictates that the onus of proof lies on who is makes the claim. In Bernard Attard -v- Raymond Cassar Torreggiani decided by the First Hall of the Civil Courts on 14 November 1966, evidence must be brought not only that the contract was effected but that one party was in fact representing an- other. The Court has to decide wheth- er Felice made it clear that he was representing the Plaintiff compa- ny. Felice had introduced the par- ties to the lease agreement. A wit- ness for JK Properties explained that the company had acquired the rights of the Remax franchise and is authorised to allow third parties to run their offices. These are franchisees and would be rep- resenting the company. Although the franchisees collect the agency fees, these are in fact owed to the Plaintiff company. He confirmed that Felice was an agent of the Plaintiff company. Felice con- firmed this to the court. He earns a percentage from the brokerage fees which are given to the Plain- tiff company. The fees are of the company and not his. The defendant company held that they had a relationship with Felice and Clause 17 mentions him and not the Plaintiff compa- ny. The Court held that the De- fendant Company knew that JK Properties was responsible be- cause it signed an Estate Agency Fee Agreement with the compa- ny. The Court concluded that the Defendant company knew that Felice was acting on behalf of JK Properties. As such there is jurid- ical relationship between the two. There was no need for Felice to be employed with JK Properties to be able to represent it, but he was a mandatory. There was no need that the representation be in writing, but it can be verbal. This was held by the Court of Appeal in Emmanuel Zahra noe -v- John Pace et noe on 9 May 1997. As to the payment due the lease agreement held that the brokerage fees is 10% of the annual rent and 5% of the premium. The annual rent of €109,500 and the premi- um was €200,000. This amounts to €24,721 inclusive of VAT. The third plea presented by the Defendant company was that the obligation to pay the agency fee did not commence. It is saying that agency fee had to be paid at the beginning of the lease agree- ment and that the lessee had to obtained financing from the bank. The Court pointed out that the same lease agreement states that the lease agreement was to com- mence a month after the business opened or on 31 January 2018, whichever came first. The Court held that no evidence was pro- duced to show when the business commenced and therefore, the due date for the brokerage was not be paid on 31 January 2018. This is a resolutive conditions and not a suspending condition. The latter is a condition which take place in the future. A resolutive condition is one which when the condition realises it would rescind the obligations. The condition is resolutive because it gives a date or a period when the fees were to be paid. The Court then moved to reject the pleas and uphold the claims ordering the defendant company to pay the fees. Representation in a contract must be indicated LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates CLASSIFIEDS INFO @MEDIATODAY.COM.MT

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