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6 OPINION LAW 9 maltatoday | SUNDAY • 23 MARCH 2025 Rachel Said has just completed her Masters in International Sports Coaching at the Liverpool John Moores University with research focussed on coaches' perceptions of strength and conditioning training for young athletes. Law Report THE parties of a contract should enter into that contract in good faith and thus the ex- ecution of that contract should be in terms of that contract. This was held in FS De- sign Limited vs Adrian Fenech and Roberta Fenech on 17 March 2025 by Magistrate Dr Joseph Gatt. The Plaintiff Company asked the Mag- istrates Court to order the Defendants to pay them €10,000 representing what was agreed by means of an agreement of sale on 26 June 2019. The Defendants said no penalties were due and therefore, they should not be held responsible. The Defendants explained that in June 2019 they signed a contract for a garage in Gzira This contract was subject to the Plaintiff Company guaranteeing "full and unre- stricted enjoyment of and good title to the property transferred hereon…" Therefore, the Defendants held they enjoyed unre- stricted use of the garage. However, they contended that Clause 8 contradicted this expectation since if the garage was to be used commercially, they must pay a further €10,000. The Defendants also invoked Article 993 of the Civil Code which states that a con- tract should be entered into in good faith. The Defendants further argued that they did not cause any damage to the Plaintiff Company, but in fact it was the inverse since the Plaintiff Company was objecting to Planning Authority applications. The Director of the Plaintiff Company testified by means of an affidavit. He ex- plained that the Defendants agreed to pur- chase a garage which was part of a block and it was agreed that the garage was to be used only to keep cars or personal effects. If the Defendants were to use the garage as a shop, they were to pay an extra €10,000. The garage was next door to a bed and breakfast owned by the Defendants. In October 2022, the Plaintiff Company had to have a look at the garage because there was a water leak and discovered the place was being used as a shop. There was also a pending PA application to convert it into a coffee shop. Roberta Fenech testified that when they purchased the property the vendors guar- anteed peaceful possession. It was also agreed that the property was not to be used as a shop for the first five years. She applied to the Planning Authority a few months be- fore the five-year deadline and found that the Plaintiff Company was objecting to the planning application. Adrian Fenech told the court that he was aware of the clause in question only after the company asked for €10,000. The clause subject to the court action reads: "The garage shall be used exclusive- ly for the parking of motor vehicles and/ or storage of personal effects in accord- ance with the Planning Authority permit (PA9272/17). It is hereby being agreed up- on by both Vendor and Purchasers that if they start using the garage for commercial reasons or/and apply to the relative au- thorities to change the use to commercial premises and/or shop, the exclusive per- mission of the Vendor shall be needed for this and the Purchasers shall be bound to pay to the Vendor a one-time penalty fee of €10,000, which sum shall not be disputable in any tribunal and/or Court of law." The Court held that Article 992 of the Civ- il Code states that a contract is binding on the parties to it. Pacta sunt servanda, which means obligations found in the contract cannot be changed unilaterally. Contracts should also be entered into in good faith. In the judgment Luca Toccafondo vs Sara Grech Limited decided on 7 October 2022, the court had held that the parties to a con- tract should assure themselves the contract is executed in a manner they both agreed to. Once the conditions are clear, the court should interpret it as such. In Lino Gauci Borda et vs Carmela Azzopardi et decided 29 October 2004, it was explained that the court should not substitute the meaning of what was agreed as long as what was writ- ten was clear. Furthermore, in MAC Properties Limited vs Madliena Village Limited, decided on 27 October 2017 the court held that it should not look for the intention of the parties, but in an objective manner see how the words were used by the parties. In the case under examination, the Court held that there was no difficulty in inter- preting the disputed clause. If the new owners apply for commercial use, they should seek permission from the Plaintiff Company and pay €10,000. This did not happen. As to the defence that the Plaintiff Com- pany gave a guarantee on peaceful posses- sion, this guarantee is given to protect the purchasers against third parties. The Court then upheld the claims and or- dered the Defendants to pay €10,000. When the wording of a contract is clear there is no need for any other interpretation LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates MALCOLM MIFSUD Mifsud & Mifsud Advocates Rachel Said Strength and conditioning training for youth athletes STRENGTH and conditioning (S&C) training is a fundamental aspect of youth athletic development, enhancing performance, preventing injuries, and supporting long-term growth. Howev- er, its implementation varies depend- ing on coaches' knowledge, confidence and available resources. In my study I explored the perceptions of coaches in Gozo and Malta, highlighting both chal- lenges and opportunities in S&C training for young athletes. Through interviews with nine coaches from different sports, including football, athletics, triathlon, water polo, and syn- chronised swimming, the study examined their understanding of S&C, perceived benefits, and obstacles. The findings re- vealed differences in knowledge levels, resource access, and support systems affecting how S&C is incorporated into training. While many coaches acknowledged the value of S&C in building strength, agili- ty, and injury resilience, their confidence in implementing strength-based train- ing varied. Some hesitated to introduce weight training for younger athletes due to safety concerns and limited formal ed- ucation in S&C. Addressing these gaps through targeted professional develop- ment courses could help coaches adopt evidence-based practices. Resource limitations posed another sig- nificant challenge, particularly in Gozo, where access to training facilities and equipment was scarce. Unlike Malta, which benefits from better sports infra- structure, Gozo's smaller population and limited funding restrict opportunities for dedicated S&C spaces. Consequently, coaches often relied on bodyweight ex- ercises and improvised methods, though many considered these suboptimal compared to structured gym-based pro- grammes. Increased investment in sports facilities could help bridge this gap. Support systems played a crucial role in S&C implementation, with parents, fel- low coaches, and sports clubs influencing training approaches. Parental involve- ment was essential, as young athletes depended on them for financial support and transport. Coaches who collaborat- ed with S&C specialists and engaged in continuous professional development found it easier to implement effective programmes. The role of sports clubs was also key, with their financial resources and institutional backing determining the extent of S&C integration. Despite these barriers, the study un- derscored the positive impact of S&C on youth athletes. Tailored training pro- grammes led to notable improvements in performance, strength, and injury pre- vention. To improve S&C programmes, several key areas need attention. Coaches require better education on strength training fundamentals. Practical guidance on in- tegrating S&C into specific sports con- texts is also essential, while keeping the communication lines open with parents to further strengthen their support for these programmes. Emphasising S&C's role in holistic youth development, both physical and psychosocial, requires on- going investment in coach training and resources to maximise its benefits. This research was completed through funding from the Tertiary Education Scholarships Scheme (TESS).