Issue link: https://maltatoday.uberflip.com/i/1469874
maltatoday | SUNDAY • 5 JUNE 2022 15 LAW CLASSIFIEDS THE parties to an agreement should be clear to each other and each of the parties should know precisely what their obligations and responsibilities is. This was held in a judgement delivered by the Small Claims Tribunal in MBR Publications Limited -v- Testa Catering Concepts Limit- ed on 20 May 2022. The Tribunal was presided over by Dr Kevin Camilleri Xuereb. The plaintiff company claimed a payment of €649 for servic- es rendered to the defendant Company and asked the Tribu- nal to order payment. The defendant company pleased that he does not owe any money because the servic- es were not rendered as agreed. The agreement was that the de- fendant company should have been interviewed by a journalist and the article should have been approved before publication. The Tribunal pointed out that the claim was with regard to marketing services and adver- tising. The legal point was on how the agreement between the two was concluded and what was the obligations of both par- ties. This dispute arose because the plaintiff company, was of the opinion that it carried out services, while the defendant company expected that an in- terview should have been con- ducted. The plaintiff company would be successful if it proves that the services were carried out and therefore the defendant company should pay for them. The problem is that there is no written agreement between the two which spells out their re- spective obligations. The par- ties exchanged and string of emails, which was summarised by the Tribunal. These were be- tween September and Novem- ber 2019. Although there was several email exchanges, there was still room for interpretation on what were the contractual responsibilities of the Parties. Each party was not clear with one another and there was no precision of what was expected from them both. The Tribu- nal quoted from Milton in that reading the emails there was "confusion worse confounded". The plaintiff company never informed with precision what services it was offering, and the defendant company never asked for a precise explanation. A written agreement or con- tract would have spelled out the terms and conditions and may have avoided the dispute. The establishment of contrac- tual obligations implicates that the parties will act on those obligations. If not, then there is lack of fulfilment of the obli- gations. The parties would be a debtor and creditor on one an- other. The plaintiff company in this case is the creditor because it is expecting payment but is also a debtor because it had to fulfil an obligation. The defend- ant company is in the same po- sition in that it was debtor since it had to pay the plaintiff com- pany, while it was a creditor as it was expecting a service. From the evidence produced the plaintiff company did pub- lish an advert in its magazine. The dispute is on the interview, where there was to be inter- viewer, interviewing an offi- cial of the defendant company. What took place is the plaintiff company did send a number of questions by email and they were replied to by the defend- ant company. The plaintiff company published verbatim what was sent by email. The defendant company expected that the replies to the questions would have been corrected. The Tribunal was of the opinion that what was published was not an interview. The Tribunal held that what was done what that the defendant company gave comments to the ques- tions, but these were published. The plaintiff company did not verify whether the replies were correct. The plaintiff company knew that it was in the wrong because it offered an additional advert. The Tribunal pointed out that the norms of good faith, should prevail in all contractual rela- tionships. This would allow a code of conduct between the contracting parties. The Tribunal held that al- though the plaintiff company was not perfect in its obliga- tions, it did fulfil some of its obligations and there was an el- ement of publicity in the maga- zine it published. The Tribunal also found that the defendant company was at fault, since it took a passive role. It acted when it was asked to pay. As such the Tribunal ordered that the defendant company should pay half the amount of the amount claimed. The Tribunal moved to order the defendant company to pay the plaintiff company €324.50. Terms of agreement should be clear between contracting parties LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates 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 – Ironmongery 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 layout 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 over- looking the main street and the back bal- cony with country views. Although the property is currently being used as offic- es, there is the possibility of converting to two apartments and a penthouse with terrace. 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 apart- ments. Two double A/C bedrooms 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 con- ditioners including solar water heat- er. Being sold furnished. Own airspace with possibility of further development. Contact owner on 99912005/99450639. SERVICES 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. NEWSPAPER adverts - Book & pay on-line on www.perfecta.com.mt - no extra charges. Call on 21322452 SITUATIONS VACANT HR PLUS - we require Labourers, clean- ers, waiters, kitchen hands, drivers, plas- terers, shop assistants, steel fixers, secu- rities and carers. All vacancies are on full-time basis. Each position entails being competent and responsible. Lower secondary level of education is required and availability to work on weekends and public holidays. Interested parties are to apply by sending their cv to email: info@hrplusmalta.com DELIVERY DRIVER - required to work Full Time, flexible hours, fluent in English and holder of a full driver's license. Interested please call LOGIC International Ltd 21245982 WANTED - Various job opportunities in a factory. We are looking for x6 Cleaners, x3 Storekeepers, x3 Packagers & x3 Drivers/deliverer. Persons must be responsible, enthusiastic and team players, who's willing to carry out their rolls in a professional and polite man- ner. Send email to sebastien@theother- breweryco.com SPA THERAPIST - required for a busy spa within a hotel in Naxxar. Must be flexible with hours on a rota full time and fluent in English. Experience required. Please contact The Village Boutique & Spa on 27988357 for more info. TEAM EUROPE LTD – we are look- ing to hire an Admin Clerk with a background in digital marketing on a full-time basis. Interested persons are invited to send their CV via email to accounts@teameuropeltd.com by not later than 31st May 2022. Experience is required. No agents please. THAI STREET FOOD COOK – Padthai Kitchen of Mosta is seeking the immedi- ate employment, on a full-time basis, of 3 Thai Street Food cooks. Their duties will include choosing the right ingredi- ents on the market, food preparation, and cooking of authentic Thai Street food dishes. The ideal candidates should be in possession of the appropriate cater- ing qualifications. In the absence of qualifications, a minimum of two years' experience is required, in a similar Thai restaurant working as a cook a salary of €9,600 per annum is being offered to the suitable candidates. Interested can- didates are to send their cv by email to padthaikitchen.malta@gmail.com with the words 'Thai Street Food Cook' by not later than Friday 24th June 2022. CLASSIFIEDS INFO @MEDIATODAY.COM.MT