Issue link: https://maltatoday.uberflip.com/i/1512911
maltatoday | SUNDAY • 10 DECEMBER 2023 11 LAW CLASSIFIEDS THE Court had to delve in- to the wording of an email to see what agreement had been reached by the Parties. This was held in a Court of Appeal judgement in FM Promotions Limited -v- Classic Group Lim- ited. The judgement was deliv- ered by Mr Justice Lawrence Mintoff on 29 November 2023. The Appellant company, Classic Group Limited, has ap- pealed from a judgement of the Magistrates Court. The Court on 8 February 2023 had upheld the Plaintiff company, FM Pro- motions Limited and ordered Classic Group to pay €9945. This sum represents a spon- sorship on an activity that took place in 2011. The Appellant company had sent an email in April 2011 that they were ac- cepting to sponsor the activity by selling 175 Ice-Watches for €66.30 each. The Appellant Company ar- gued that it should not pay be- cause the Plaintiff company was misinterpreting the email. The Magistrates Court held in its judgement that the centre of the dispute was the interpreta- tion of an email sent by Clas- si Group to FM Promotions. There was no written agree- ment, but just an email. The Court held that Article 993 of the Civil Court binds parties to a contract to be in good faith. It quoted Gloria Beacom -v- AIC Anthony Spiteri Staines decid- ed on 5 October 1998, which held that the conditions of any contract should be respected by the parties to the contract. The Plaintiff company argued that it had an option to either give the watches to those who purchased VIP tickets or else sell them at an agreed price. The difference in price from the price they purchased the watch- es and the agreed price, was profit for the Plaintiff company. The Appellant company argued that these were only tied to the VIP tickets. The Magistrates Court agreed with the interpre- tation that the Plaintiff com- pany could use the 175 watch- es both to give away to VIP ticket holders or to sell them. Since the Appellant company did not keep to the agreement, the Plaintiff company suffered damages. The Plaintiff Compa- ny gave away only 25 watches to VIP ticket holders. The Magis- trates Court also did not agree with the Appellant company that the Plaintiff company did not fulfil its obligations. The Appellant company filed its appeal arguing that the email did not suggest a sharing of profits and the price of €66.30 for each watch was to be sold to the VIP ticket holders and not for the Plaintiff company to make a profit. The Court of Appeal quoted from a judgement delivered by the First Hall of the Civil Court in Chef Choice Limited -v- Ray- mond Galea et of 26 September 2013 was relevant to this case. From the outset the Court of Appeal agreed with the judge- ment delivered by the Magis- trates' Court, which upheld the Plaintiff Company's claim for payment. The issue was the in- terpretation of the email, since an agreement was not signed. As such the Court had to in- vestigate the email. The Court of Appeal agreed with the First Court that the sponsorship of 175 watches was not dependent on whether the Plaintiff Com- pany sold VIP tickets. It was clear that the Plaintiff Compa- ny could have sold these watch- es at the same market price as the Appellant Company. The Court of Appeal moved to reject the appeal A n email may be sufficient for an agreement CLASSIFIEDS INFO @MEDIATODAY.COM.MT 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 SHOP TO LEASE - Class 4 B 60 sqm corner shop to lease in San Gwann. Key money €49,888 and €40 a day rental. Call on 79703404. XLENDI - catering premises in prime site to let. Can be used for other com- mercial purposes. Phone 79493021, 79426883, 77481592 or 77484029 SITUATIONS VACANT ADMISSION SPECIALIST – required at STUDY FIRST EUROPE, Malta. Salary: 15,600€ annually. Responsibilities: Liaise via email/phone with students and schools. Manage data and ensure GDPR compliance. Assist in admis- sion processes. Requirements: Fluent in Arabic, French, English. Hold a degree, with strong communication skills. Familiarity with HubSpot/Google Apps. Preferably have experience liv- ing abroad. Benefits: Flexible work- place. Learning opportunities. Enjoy your birthday off. Role Focus: Help international students with educational guidance and support. Join us to make a difference! Email: contact@studyfirs- teurope.com CARER - Professional Carer required. Persons must be enthusiastic, energetic and team players, willing to play their roles in a professional and polite man- ner. Send email to: sebastien@theother- breweryco.com P L A S T E R E R AND GYPSUM INSTALLERS - Xuereb Installations Ltd of Tal-Hlas Road Qormi are seeking the immediate employment, on a full-time basis, of people skilled in plastering and in gypsum installations. The ideal candidate should be in possession of the appropriate qualifications related to gypsum assembly, construction works, plastering and painting. In the absence of qualifications, three years of expe- rience are required, in gypsum assem- bly, construction works, plastering and painting. A salary of €12,000 per annum is being offered to suitable candidates. Interested candidates are to send their cv by email to xil@xuerebinstall.com PL A ST E R E R S AND GYPSUM INSTALLERS - Pro Finishes Ltd of 131, Triq Tal-Franciz Swieqi, are seeking the immediate employment on a full- time basis, of persons skilled in plaster- ing and in gypsum installations. The ideal candidate should in possession of the appropriate qualification's rela- tion to gypsum assembly, construction works, plastering and painting. In the absence of qualifications, three years of experience are required, in gypsum assembly, construction works plastering and painting. A salary of €12000 per annum is being offered to the suitable candidates. Interested candidates are to send their CV by email to info@profin- ishesltd.com SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling the following posi- tions as Customer Care Clerks, Security Guards, security for places of entertain- ment and cleaners. Applicants should be customer care orientated, smart and flexible for shift work. Email your CV to: hr@signal8securitymalta.com.mt WAITER/WAITRESS - required for busy hotel restaurant in Naxxar. Must be fluent in English, be able to work flexible hours including weekends and public holidays. Min 3 years' experience in similar position. Call +365 2798 8357 for more info - The Village Hotel LTD.