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Defence Counterclaim Contract 2 Notes

BPTC Law Notes > Drafting Notes

This is an extract of our Defence Counterclaim Contract 2 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:

IN THE COUNTY COURT BETWEEN Claim No. CYJ2412

MISS NOOMI VAN GRAFF Claimant and

PROXIMATE GALLERIES LIMITED Defendant ____________________________________________ DEFENCE AND COUNTERCLAIM ____________________________________________

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

2. Paragraph 2 of the Particulars of Claim is admitted.

3. Further, it was an express term of the First Agreement, made orally, that: a. Proprietary ownership of the Watercolours remained with the Claimant; and b. The Defendant would not accept liability for any loss or damage caused to the Watercolours where such damage was beyond its control or caused by a third party.

4. Except that it is admitted that the Defendant agreed to exhibit the Paintings for a period of 1 year and that the Defendant would pay the Claimant PS400 per month for 1 year, paragraph 3 of the Particulars of Claim is denied. By the Second Agreement, the Claimant agreed: a. To produce a total of 12 paintings over the course of the year, at an approximate rate of 1 painting each month; b. That remuneration for the Paintings would be exclusively by way of monthly salary at PS400 per month for 1 year; and c. In exchange for a salaried income, the Paintings would become the property of the Defendant thereby terminating the Claimant's proprietary interest in them.

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