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Defence Negligence Notes

BPTC Law Notes > Drafting Notes

This is an extract of our Defence Negligence document, which we sell as part of our Drafting Notes collection written by the top tier of City Law School students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Drafting Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Claim No CYL1804 IN THE COUNTY COURT BETWEEN: MODERN MUSIC SOCIETY SCHOOL Claimant And

ACADAMY OF ARTS AND DRAMA LIMITED Defendant ______________ DEFENCE ______________

1. Paragraph 1 of the Particulars of Claim is admitted.

2. Paragraph 2 of the Particulars of Claim is admitted save that it is denied that the letter dated 13th May 2016 evidences any terms of the Agreement.

3. Paragraph 2 subsection (1) of the Particulars of Claim is admitted.

4. Paragraph 2 subsection (2) of the Particulars of Claim is denied except that it is admitted that the Defendant agreed to pay PS120 per student member of the Orchestra. It particular it is denied that such sums were payable directly to the Claimant. Payment was due to each student member individually upon completion of the Musical's run.

5. Further, the following were express or otherwise implied terms of the Agreement: a. The Defendant would print an advertisement for the Claimant in the Musical's programme. b. The Claimant agreed that the Orchestra would attend rehearsals during the period 2 weeks prior to 20th June 2016 as confirmed by Chrissie Angel on behalf of the Defendant in the letter dated 3rd June 2016 sent from the Defendant to the Claimant. c. It was an implied term that attendance at rehearsals would be for such time as reasonably necessary to cover the relevant material. d. On or about 5th May 2016, Edward Brice represented to Jonathan Rudd that the students of the Claimant school would possess a Grade 8 qualification in their respective instruments. It was therefore an implied term of the Agreement that the Orchestra would be reasonably capable and competent to play the required

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